C)RDLI~ Nt7. X1..:,14 ClF'C1~IED AND READ BTDS ALCiUD ~C~F~ F'AVTNC~ AGGF"~~C7A"fF_~, ASF'F-fAL°f, Gh1Ul_SION C:7IL, C)R CURf~U~~A'T•k~L" t*1~"fAL F''tF'E (]n this the c:~.~rci day of Febr~_iar-•y 199.:, came on to be considered the bids of 'T'exas Corr~_~c~ator, bJeirich Hr~others Tnc., t*laster-~s Cc+nstr~a_iction, Wilson C~_~lver-•ts Inc'., Cl.f Asphalt, Calwell C:.~_tlver,t Company, i/.och Materials Company, Jne J. Dr~ymala, Henry Griffir7, Whe+.~ttcr-•aft Inc. , and Texas F~_-el Asphalt Co. Upon motion made by i:ammissioner Holekamp, seconded by Commissioner Let-,man, the Co~_~rt unania~ously approved by a vote of 4-0-~, to refer the bid=, to the f~oad and I:~ridge Department for-• f~!.rther~ review and come bacF< to the C:G~_~rt on h'lar~cf•+ c:, 199: with their r~ecommeniiations. ORDER N0. 21314 OPENID AND READ BIDS ALOUD FOR PAVING AGGREGATE, ASPHALT, EMULSION OIL, OR CORRUGATID METAL PIPE February 23, 1993 Vol S, Page 877 a0D 0 0 M~IC~[~I U'~ PAVING AGGREGATE ASPHALT EMULSION OIL ~ CORRUGATED METAL PIPE MARCH 1993 KERR COUNTY ROAD & BRIDGE DEPARTMENT F~MULSI()NS SPECIFICATIONS AND RID TORN 1. Specifications: Emulsions shall conform to the requirements in 'Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Rid Form: Tyne Bid Unit Cost CRS - 2h $_ 0.5564 _____/Gallon or HFRS - 2 $_ Na Bid _____/Gallon MS - t $__0.5264 _____/Gallon I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. __ _~___~__ _______ _ Febnuatcr~ 1 SL 1993 Signature Date Firm Name and Address: __Kach Ma~e~c.~a.~ Ca~any_________ __907 Seeand S~e.ee~ ____________ Phone: ( 210 ) 569 _-__8731 S1EAlt, if Corporation EN1ULS1ONS SPECIFICAT[ONS AND RID NORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or I-1•FRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: ~~e 1;_ i 1.4._ n i (_c~ ~ t CRS - 2h $_ 0.5564 _____/(;allon or HFRS - 2 $_ No Bid _____/Gallon MS - 1 $_ 0.5264 _____/Gallon ---------------------------------------------------- I do hereby certify that I have read the ~~tt,-ched Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. _ _~___~__ _______ _ FebnucuccL J 8 L 1993 Signature Date Firm Name and Address: __Koeh_Ma~e~c~ue~ Co~an.r~_________ 907 Seeand S-tjcee~ ________ Phone: (210 ) __,_569 _-__8731 __ SIEAIL if Corporation I®KOCH KOCH MATERIALS COMPANY ^ 9072nd Street Pleasanton, Texas7sosa-a~o~ Kenn County C~2ehit 700 Matn S~cee~t Kennu~22e, TQxas 78u28 SFa~.FD BID FOR ASPHALT EMULSION DIL F ~,uahu 23, 1993, 14:44 a.m. r r I ~ ~ i. an W Ao. - y~,ry ! ~ PATRIC!A~YE J /~1. Court rr ou exas By ~ vnb' ri D RAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE MARCH 1993 KERR COUNTY ROAD & BRIDGE DEPARTMENT NOTICE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION O!L CORRUGATED METAL PIPE BID DATE AND TIME: FEBRUARY 22, 1993 at 5:00 p.m. Sealed Bids for the above referenced project will be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. All bids must be on the Bid Form, attached to ail Bid Documents. Bids received after time shown will not be accepted. Bids wilt be opened publicly and read aloud in Commissioners' Court, February 23, 1993, at 10:00 a.m. Bids will be awarded or rejected in Commissioners' Court March 2, 1993 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, 101 Spur 100, Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. BID SECURITY and ACCEPTABLE SURETY information is specified in Special Instructions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their sealed bid envelope: "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oit or Corrugated Metal Pipe" "Opening date: February 23, 1993 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.06 thru 5.09. Franklin Johnston, P.E. County Engineer EMULSIONS SPECIFICATIONS AND I3ID FORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, nsphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: TYI~ I3isl >~1nit L~ CRS - 2h $__ 6828 ______/Gallon or I-IFRS - 2 $__ 6$28 ______/Gallon MS - 1 $__ 6828 ______/Gallon I do hereby certify that 1 have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March ] , 1994. Sign~iture Date Firm Name and Address: __ E,]f.,A„s.~}1~1.t__________ --»1~3r~zas__Sui~e 4.9Il._______-- __ Austin, TX _78701 Phone: (512 ~ 47~~5.~~ _ S1EA1C, if Corporation 'TABLE OF CONTENTS I~R SPECIAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEMENT Page SPECIAL INSTUCTIONS TO BIDDERS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ...................................... 3 4. Form of Proposal ...................................... 3 5. Bid Security ...................................... 3 6. -Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDTI IONS OF AGREEMENT 1. DEFINFTION OF TERMS 1.0 I Kerr County and Contractor .................................. 4 1.02 Contract Documents ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... 4 1.05 Work ...................................... 4 1.06 Extra Work ...................................... 4 1.07 Working Day ...................................... 4 1.08 Calendar Day ...................................... 4 1.09 Substantially Completed .................................... 4 2. RESPONSIBII..ITIES OF KERB COUNTY AND THE CONTRACTOR 2.01 Inspection by Kerr County .................................. _5 2.02 Payment for Work ..................................... 5 2.03 Lines and Grades ..................................... 5 2.04 Contractor's Duty and Superintendence ........................ 5-6 2.05 Contractor's Understanding .................................. 6 2.06 Sanitation ..................................... 6 2.07 Shop Drawings ...................................... 6 2.08 Preliminary Approval ..................................... 7 2.0 9 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Special Instructions & General Conditi~n~ Page 1 3. GENh..AL OBLIGATIONS AND RESPONS~._,LITIES 3.01 Accessibility of Plans and Specifications .................... 8 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ 8 3.0 4 Equipment and Materials .................................... 8 3.05 Performance and Payment Bonds ............................. S 3.0 b Losses from Natural Causes ................................. 8 3.07 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3.1 1 Assignment and Subletting .................................. 9 3.12 Indemnification ..................................... 9 3.13 Insurance ..................................... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGRESS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... 10 5. MEASUREMENT AND PAYMENT 5.01 Quantities and Measurement ................................ 1 1 5.02 Estimated Quantities .................................... 1 1 5.03 Price of Work .................................... 11 5.04 Partial Payment .................................... 11 5.05 Use of~ Completed Portions ................................. 1 2 5.06 Final Completion and Acceptance ........................... 1 2 5.07 Final Payment .................................... 12 5.08 Payments Withheld .................................... 12 5.09 Delayed Payments .................................... 12 6. EXTRA WORK AND CLAIMS 6.01 Change Orders .................................... l3 6.02 Minor Changes .................................... 13 6.05 Extra Work .................................... l3 7. ABANDONMENT OF CONTRACT 7.01 Abandonment by Contractor ................................ 1 4 7.02 Abandonment By Owner ...................................... 1 5 Special Instructions 8t Gencril C~nditionti Pale 2 S. t=CIAL INSTRUCTIONS TO 131DDEh,J 1. RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received will thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY OF BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract, unless permitted by Commissioners' Court. 3. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. A11 money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County. 7. CONFLICTS ANA AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. 8. RESERVATION OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special Instructions & General Conditions Page 3 GE,.cRAL CONDITIONS OE AGREEML . f 1. DEFINITIONS OF TERMS 1.01 KERR COUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Dacuments as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Pertormance and Payment Bonds (when required), the Plans and Specifications, the General Conditions, and any Special Conditions, and all modifications thereof incorporated in any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having .a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one whoa merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide all materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all that may be required by KERB COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven(7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. Specinl Instructions & General Conditions Page 4 2. RESPONSIBI~~ 1"IES OF KERR COUNTY AND TFiL CONTRACTOR 2.01 INSPECTION BY KERB COUNTY. Periodic visits will he made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERR COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR WORK. KERR COUNTY shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed io the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, all lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed improvements, KERR COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special Instructione c4c Generral Conditiun~: Page 5 Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KERR COUNTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed yr being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERB COUNTY shall in no way relieve CONTRACTOR from his responsibility to complete a!I work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and ali other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERR COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONTTRACTOR shah submit to KERR COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shap and/or setting drawings and schedules required for the work of the various trades, and KERB COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERR COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERR COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERB COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him form responsibiiity for errors of any sort in shop drawings or schedules. it shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERB COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. Special Tnstructions & Genera] Conditions Page 6 2.08 PRELIMINARY APr ..OVAL. No failure or omission of KL .~ COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that KERR COUNTY shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by KERB COUNTY prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the CONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shall be paid #or by KERR COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by KERR COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERR COUNTY may make such changes and alterations as KERR COUNTY may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Pertormance and Payment Bonds. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shalt be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, otherwise, such additional work shall be paid for as provided under Extra Work. 2.11 WARRANTY. Contractor affirms that he has reviewed in detail the Plans and Specifications, the Special Conditions, and all other documents relating to the design and construction of the work and warrant that there are no design defects and that the work can be completed as called for in those documents. Special inetructiona & General Conditi~ans Page; 7 3. GEN~.tAL OBLIGATIONS AND RESPON;. _,iLITIES 3.01 ACCESSIBILITY OF PLANS AND SPECIFICATIONS. KERB COUNTY shall furnish the CONTRACTOR with an adequate and reasonable number of companies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. Alt drawings, specifications and copies thereof furnished by KERR COUNTY shall not be reused on other work, and with the exception of the signed contract sets, are to be returned upon request, at the completion of the work. 3.03 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. 3.04 EQUIPMENT AND MATERIALS. The CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.05 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the greed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by KERR COUNTY. 3.06 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall tae sustained and borne by the CONTRACTOR at his own cost and expense. 3.07 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERB COUNTY harmless from all claims growing out of the lawful demands of sub- contractors, laborers, mechanics, materialmen, and furnishers of machinery and equipment parts thereof, and all supplies incurred in the furtherance of the performance of this contract. When so desired by KERR COUNTY, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. Special Inwtrttctions Rt Genera] Conditi«nw Page A 3.09 PROTECTION AG~,.,JST ROYALTIES OR PATENTED li .NTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save KERB COUNTY harmless from any loss on account thereof. 3.10 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with alt Federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless KERR COUNTY against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees. except where such violations are called far by the provisions of the Contract Documents. if the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify KERB COUNTY in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work contrary to such laws, ordinances, rules and regulations, and without such notice to KERR COUNTY, he shall bear all costs arising therefrom. 3.11 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he wilt retain persona( control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of KERB COUNTY, and that no part or feature of the work will be sublet to anyone objectionable to KERR COUNTY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to KERR COUNTY, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless KERB COUNTY and their respective officers, agents and employees, from and against ail damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work. 3.13. INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by Subcontractor or by anyone directly employed by any of them, or by anyone for whose acts any of them may be liable. 3.14. CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with KERR COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERR COUNTY. Such Certificates shall contain a provision that coverages afforded under the policies wilt not be cancelled until at least fifteen days' prior written notice has been given to KERR COUNTY. The CONTRACTOR shalt also file with KERR COl)NTY valid Certificates of Insurance covering all sub-contractor. Special I118ItUCl10TlH ~: Gcncr~il Conditinn5 Page 9 4. PROSECUTION AND PROGRESS 4.01. TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, the time of prosecution shall be such that the work shall tae substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when KERB COUNTY is having other work done, either by his own force. The CONTRACTOR shall submit, at such times as may reasonably be requested, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02. EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of KERB COUNTY, or of any employee of either. by other contracts employed by KERB COUNTY, or by changes ordered in the work or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, ar by any cause which KERB COUNTY shall decide justifies the delay, then an extension of time shall be allowed for completion the work, sufficient to compensate for the delay, the amount of the extension to be determined by KERR COUNTY, provided, however, that the CONTRACTOR shall give KERB COUNTY prompt notice in writing of the cause of such delay. Special Instructions cke Gcncrtl Ccm~iiti~m~; Pa~t~ 1 fl .i. MEASURMENT AND PAYMrR1T 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. it is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. 5.03 PRICE OF WORK. In consideration of the furnishing all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of ail work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, KERR COUNTY agrees to pay the CONTRACTOR the prices set #orth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for we11 and truly performing the same and ~~rhile thereof in the manner and according to the Agreement. 5.04 PARTIAL PAYMENT. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to KERR COUNTY for approval a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all materials delivered on the site of the work that are to be fabricated into the work. KERR COUNTY shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 14 per cent shall be retained until final payment, and further less all previous payments and ail further sums that may be retained by KERR COUNTY under the terms of this Agreement. it is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, KERB COUNTY may pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at KERR COUNTY'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "1=inai Payment". Special inwtructions ~~. Getter»1 Gmns $ Gcncral C'~~mli~innti Page 13 ..ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. in case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from KERR COUNTY, or if the CONTRACTOR fails to comply with the orders of KERR COUNTY, when such orders are consistent with the Contract Documents, then. and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complr'tn the work and a ropy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by KERR COUNTY or the Surety on the performance bond, or another contractor is completion of the work; and the CONTF~ACTOR shah not receive any rental or credit there of (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6. Extra Work and Claims), it being understood that the use of such equipment and materials may ultimately reduce the cost to complete the work and may be reflected in the final settlement. Where there is no pertormance bond provided or in case the Surety should fail to commence compliance with the notice for completion here in before provided for, within the ten (i0) days after service of such notice, then KERB COUNTY may provide for cdrnpletion of the in either of the following elr~ctive manners: 7,01.1 KERR COUNTY may thereupon employ such forts of men and use such equipment, and materials as KERR COUNTY may deem necessary to compiete the work and change the expense of such labor, equipment, and materials to said CONTRACTOR, and expense so change shall be deducted and paid by KERR COUNTY out of such monies as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. 7.01.2 KERB COUNTY under sealed bids, after a minimum of 14 calendar days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided In this contract. fn case any increase in cost to KERR COUNTY under the new contract as compared to what would have been the cast under this contact.. such increase shall be charged to the CONTRACTOR ar~d the Surety shall be and remain bound there for. When the work shaii have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 here in above, shall be issued. A completion itemized statement of the contract accounts, certified to by KERB COUNTY as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/cr his Surety, shall pay the balance due as reflected by said statement, within (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to compiete the ~.vork is less than that which would have been the cost to Kti.Q,_T~xAs 7826b _____ _______ Phone: (2~a) _~.~-~--_______-_I'_b_Q~._____-___.- _-- KERR COUNTY ROAD & BRIDGE ADVERTISEMENT FOR BID ON PAVING AGGREGATE ASPHALT EMULSION OILS CORRUGATED METAL PIPE Sealed bids will be received at the Kerr County Clerks Office, 700 Main St., Kerrville, Texas 78028, until Monday, February 22, at 5:00 p.m. Bids will be publicly opened and read aloud February 23, 1993, at 10:00 a.m., in Commissioners' Court. Bids will be awarded or rejected in Commissioners' Court March 2, 1993, at 10:00 a.m. Bid forms and specifications are available at the Kerr County Road & Bridge Department, 101 Spur 100, Kerrville, Texas 78028. (S 12) 257-2993 Bids are to be applicable until March 1, 1994. Bids submitted, should have the bidders name, the item(s) being bid, and "Seal Bid" noted on the envelope. Kerr County reserves the right to reject any or all bids. ouu 0 0 ~[~C~~U`~ PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE MARCH 1993 KERB COUNTY ROAD & BRIDGE DEPARTMENT NOTfCE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION OIL. CC?RRUGATED METAL PIPE BID DATE AND TIME: FEBRUARY 22, 1993 at 5:00 p.m. Sealed Bids for the above referenced project will be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. All bids must be on the Bid Form, attached to all Bid Documents. Bids received after time shown will not be accepted. Bids will be opened publicly and read aloud in Commissioners' Court, February 23, 1993, at 10:00 a.m. Bids will be awarded or rejected in Commissioners' Court March 2, 1993 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, i 01 Spur 100, Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. BID SECURITY and ACCEPTABLE SURETY information is specified in Special Instructions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their seated bid envelope: "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oi( or Corrugated Metal Pipe" "Opening date: February 23, 1993 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.06 thru 5.09. Franklin Johnston, P.E. County Engineer EMULSIONS SPECIFICATIONS AND BID FORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or I-IFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: Tie Bid Unit Cost CRS - 2h $____________/Gallon or HFRS - 2 $____________/Gallon --------------------------------------------------- I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Signature _ Firm Name and Address: Date ---------------------------- ---------------------------- Phone: ( ) ---__._--- _-- 31EAIC, if Corporation PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. A11 sections apply except 302:5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Tyne Grade F._Q.B~uppli rs Pf _nt A 3 $ /CY A 4 $ /CY A 5 $____ !CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bld" for a particular job site. This may result in more than one supplier being "low bidder", depending on the tocatians of job sites. I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Signature Date Firm Name and Address: ~'~~~~~~ if Corporation Phone: ~' ~~F' k,+ hed Bra tel crushed slag' .: :o ,~,,,....- . consist o{ c~ua 1 ^ .,. ~ li aBBrega ~~ rod aaPhatof ~vel, p~osh~ s1eB or ~~: ,. T ~ atone ° natural li egaw shad consist ~sh~ a1aB ~ C, 'fyPe G agar rst of crnah~ gavel, 302,1 ~ 302.3 cNsh~ awns' ~ aggrega~ ah~ ~~ f nat~u~ lunestune r~ pvsh~' ~ eBa~ shall consist o ' ,. 1tEM130~ N1S or , E• Type E aBgr ~~ as shover' °n the P~ artl the ~a. .~Ep,SME t. SE~QPS~RFp~E uuements for ~ aa4~ ~ TyPeF aBBreBaws bYTestMethOd~ex•2Q4F, perms°thY p~6a~GA hs~ the Y ~nts• ~Y~ d~•When~s~ fog0ws' we1ght ~s item a~{ace aces tough ~, ;, 3p2 A. Gra enta shag be 0 302,1. ~~phm the c0nstru~ion ~ ~mP°sed of e ~sh~' slag or datiun re4u'rem ~ 0 . 2 aw to ~ u~d A ~e~ates she aYe1. ~~edn~ a P~ otno ~ • ~` °n 1" sieve ' ' ~ ~5 ' 100 Brea lV{ gala. gel shed Br _,.~~ied e ~~n shy sous Retains 4!a" sieve • ' ' 100 3022• ~{ es o4 Brk asp Wit. ~n s~'°"1'hes ~ ~d der delete Grade 1: ~tain~,0n 4,~ sieve ~ g5 ~ 100 able P 31 d' aural limestone be P~„tte ~° ht of a°ft P~ F' part l sly ~ Re~i n~ on 516" sieve ' ' ' ~ ~ 99 ' 0 na s maY t by w B eth°d Tez wished, Retai on3i6" sieve ~ ' ' • 2 eBa~ type n 5 Percen t 1~1 hen ally ed ve • .. 0 . i ~ ore tha ed hY des gave, w Bht °{ natur Retain n~°• 10 sie 20. 35 fain Hal as determu' rock asFh~t agBre r~ntbY wei215•~,, and shall Ret~ied ° "sieve . .. . on116 65.1p0 ate ne 4 w Pe Tea- tiara of m ~ lirnesw tent from ~feth0d cambma Retained 4" sieve ' ' 0 I The natur tnmen con ~~ = g5 ' ebi s de~r~ned bE ht °f anY one of~by'test Metbod ": Grade 2' Retains °n5516" sieve ~ • ' ' p0 have an averag halt, a w B determu' ` • re at~d asp han 2 Percent by . ht of ~' RQmined an l12" sieve ' ' gg ' 0 unP vr'not more t objectionable matter. ~ centbY wetg Retained o " sieve ve 0 ned n316 ,z cont~'r` . or other are than 5 PeT Retai tia.14sie 20 ' 3° iron Py"Fspart 1• as aortal °f ~ ve. for each Retain d o 61A" sieve ~ ~ ~ ~ ~ 65.100 Tex•21 ag~egatz.ah lovable mater bsted aT~t ;~teth0d~ex 414•A, 3; Ree ~ ned un ~;6 " sie e ~ ~ 95 ~ 00 ~1o etecmin~bv Grade R on112 Ug l Mies or °blect egate as fined imp d rcen:. Beta 31B" sieve ~ ~ ~ ~ ~ 0 t °{ wear as a eccen hall not exceed 35 4e cook asphalt oBtian a{ tt+e Retained °n ~, sieve The P ~~als s sl lime{: ;ne ads on that P sled, as• med °n 1j1 sieve 4 • 2 Reta N 10 5 of the n'a f wear °n Halm . ~ shy= be m ally imPregn ed on °• 0. 3 rat °• Tex•~110 • a natur re' ~ Retain ~ on 516" sieve •5.100 The Perce ~estti4eth°d ~`~".g dbY the No• 4 sieve. ides 4 Retain on " 91eVe determine °{ the ~~nedbY U9 0 . retuned °n an 1 percent• 5 eccent e ~ Grade ~ Retains' ° gig" sieve 10 0 mater content u{ less th ~~m~ at 6 s ~ face, as d Retained N° ,t sieve Phal l shall have a e than onz cru ~ ;~ ~ lteta1°~ on ~ l0 sieve 0 . 5 m°r c°°r °n N 65 Gnyshed Braved sieve with untl• {finish Meta' n~ on tit" sieve • g6 -j00 Wined on the Tex.413•A. lp~ticle G° u~d In the sur~n on tha Plans when Meta "sieve ' ' ata sho 316 99.100 °d tha aggcag n ~ value Grads 5: Retained on 4 sieve {~Ileth t Tes e olish 4'alne toc not {~ less tha `Test.•i36'~' t Methad Retained °nN o 1p sieva ~ ' ' Shall t N{eth°d fined by des Th P vel lane rata with Tes ~ as deter" Ratain ~ xo, 24 save ' • • far the tra v tested in accords the aBBrega on the Pla°.. as toll0w~ Rs~n l9'I tiEied Hess index {0r the value shoMrn a idea `~': -•~ 'Yhe F~ hall not exceed s o fgates ~ shed slag' cNsh~ . ,. Tex•224 vari°us type avel, 'y. ,~Y~a,'1he ~of ~ '~ ;1pZ.3 A aBBregat° s ~phvt• .. ,Py~ p.'rYpe lim0aWn8'ro~ . awns °r p°t'uel ~:~i'1 ' S '. _ ~ . /; ~ . s ~ ,n ~`~ t. ,..e `~; y _._ f `~ M ,} `~ ~ ~ ~~ ~. 4r - . ~ eIf asphalt • ElfAsphalt, Inc. 701 Brazos ~ ~>* `.' ~ " Suite 490 Austin, Texas 78701 45C f w .. , ~ S t }~ ~y +( R ~ ' . ~ k , i.~ r~ ~~; v cx ~i ~,~ s ~~E ~ ~ , ~ } ~ 3 ~. ~,~~,~ . ~, ' ~'' ~ ~ ~ - 1 ~ ~~~ , "~~~- ~ : 'r" SEALED BID . 1r ' ~ ~ "rY.~ i,' ` ~ , r Q L QG TC .~~ : ~` 'r s, Pe l~n~ `, . . . . .~ sd ~ 1 ~"~ d 1 1 ~ ', ~'~ ii yy ~ ,~, 1. ., .r ¢ F ILED 4 £~ ~' \ ~' DAY Q~ * ~ + ,l, ~Yt~M~~~~~Y ~~~ ~ ~ ~C. } v__~~~1 ~` l; Al 6 ~ f~ "y r Return Postage Guaranteed KERR COUNTY CLERKS OFFICE 700 MAIN ST. KERRVILLE, TEXAS 18028 ASPHALT EMULSION OIL ~..I.3~~j'J (O~OU a.M. '} 1 ~~~~}~P~~ 4 1 ;yy~~ ~v c ~ 7 /r c~1 .~ ..q{~. ~ } ~^~ NISI .~ ~ ~~`^h~, y 1 ~,r„ t ^~l ~~f ~~ f. ~~~~y,^ 1 f . M M {.t ~.+lG r i •" v n rs,, ~ ~ ~~ ~. I _~ ~° A .. ' a?? r -,«. ~ ~~ , ._ ~ ~~m' ~.~ F ~ ~ {' ~~.~•« ~: x '''-'.~. ~r ~ ~,,,~~ q .~ ~r ;~ . 1 z ~ { q.~ f h ~ ,~ .~ Y .T 3.r: 1 _~yµ Rt t / ~. M~l~ ..~i1 .~° ~~~: ,~ ~._ _ TABLE OF CONTENTS FOR SPECIAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEMENT Page SPECIAL INSTUCTIONS TO BIDDERS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ...................................... 3 4. Form of Proposal ...................................... 3 5. Bid Security ...................................... 3 6. - Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation, of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDITIONS OF AGRF.EMENI' 1. DEFINITION OF TERMS 1.01 Kerr County and Contractor .................................. 4 1.02 Contract Documents ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... 4 1.0~ Work ...................................... 4 1.06 Extra Work ...................................... 4 1.07 Working Day ...................................... 4 1.08 Calendar Day ...................................... 4 1.09 Substantially Completed .................................... 4 2. RESPONSIBILITIES OF KERR COUNTY AND THE CONTRACTOR 2.01 Inspection by Ken County .................................. 5 2.02 Payment for Work ..................................... 5 2.03 Lines and Grades ..................................... _5 2.04 Contractor's Duty and Superintendence ........................ 5-6 2.05 Contractor's Understanding .................................. 6 2.06 Sanitation ..................................... 6 2.07 Shop Drawings ...................................... 6 2.08 Preliminary Approval ..................................... 7 2.0 9 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Special Instnrotions & Gcncral Conditi~~nh Page 1 3. GENEItAL OBLIGATIONS AND RESPONSI~,fLITIES 3.01 Accessibility of Plans and Specifications .................... 8 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ 8 3.04 Equipment and Materials .................................... 8 3.05 Performance and Payment Bonds ............................. 8 3.06 Losses from Natural Causes ................................. 8 3.07 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3.1 1 Assignment and Subletting .................................. 9 3.12 Indemnificaiion ..................................... 9 3.13 Insurance ..................................... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGRESS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... 10 5. MEASLI>Et]EMENTRND PAYMENT 5.01 Quantities and Measurement 5.02 Estimated Quantities .................................... 1 1 5.03 Price of Work .................................... 1 1 5.04 Partial. Payment .................................... 1 1 5.05 Use of Completed Portions ................................. 1 2 5.06 Final Completion and Acceptance ........................... 1 2 5.07 Final Payment .................................... 12 5.08 Payments Withheld .................................... 12 5.09 Delayed Payments .................................... 12 6. EXTRA WORK AND CLAIMS 6.01 Change Orders .................................... 13 5.02 Minor Changes .................................... 13 6.05 Extra Work .................................... 13 7, ABANDONMENT OF CONTRACT 7.01 Abandonment by Contractor ................................ 14 7.02 Abandonment By Owner ...................................... 1 5 Specifll lnstructione Xc General C'onditic~n~, Page 2 SrtCIAL INSTRUCTIONS TO BIDDEN,: 1. RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received will thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY OF BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract, unless permitted by Commissioners' Court. ~. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. All money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County. 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. 8. RESERVATION OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special JnRtnlCtlOnfi Rt Gc:nerfil Conditic~n5 Page 3 GEi~cRAL CONDITIONS 4F AGREEMi*, ~ f 1. DEFINITIONS OF TERMS 1.01 KERR COUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), the Plans and Specifications, the General Conditions, and any Special Conditions, and all modifications thereof incorporated in any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.45 WORK. The CONTRACTOR shall provide all materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all that may be required by KERB COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "1Norking Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not Isss than seven(7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. Special Instructions & General Conditi~ne Page 4 2. RESPONSIBI~~ ('IES OF KERR COUNTY AND THi:~ ..,ONTRACTOR 2.01 INSPECTION BY KERR COUNTY. Periodic visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERR COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR WORK. KERR COUNTY shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, all lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed improvements, KERR COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special Instructions & General Conditi~~n~ Pale 5 Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KERR COUNTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERB COUNTY shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the~work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERR COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONSTRACTOR shall submit to KERB COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and KERB COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERR COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERR COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERB COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him form responsibility for errors of any sort in shop drawings or schedules. it shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERB COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. Special fnetruMions & Gcncral ('~mditi00 2,000 ITEM 9 MEASUREMENT AND PAYMENT For This project, Item 9, "Measurement and Payment", of the Standard Specifications, no clauses or requirements of this item are waived or changed . 4: s ~'~ -~ ~~~ ~~s~s ~~ ~~~~~~ aio fog N?~' ~:~, c~i2 ~ ~ 3AN Ah"ifh'viQ t~ 78288~T1'E7 KERB COUNTY CLERKS OFFICE 700 MAIN STREET KERRVILLE, TEXAS 78028 CoQRUGATED Nr~~'A~ PIPE uQ V D O ~~iJ[~(-~'~ PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE MARCH 1993 KERR COUNTY ROAD & BRIDGE DEPARTMENT EMULSIONS SPECIFiCAT[ONS AND RI[) NORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, /lsphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: Tyne Bid Unit Cost CRS - 2h $__577 ______/Gallon or HFRS - 2 $__ 557 ______/Gallon MS - 1 $__ 5563 ______/(;anon --------------------------------------------------- I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. 2/22/9_3_ ---- Date----- Firm Name and Address: .~ ~r ~" ~ , :, S1EA1C, if Corptxratton ;, _ ..... :,. ~ . Texas Fuel & Asphalt Co _,_Inc______ P_ 0; Box 9605_________________ Corpus Ch~,~s„~~„~ T,~~~,s Z~~g_______ Phone: (512 ) 289__-_ 1707 __ PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. All sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt anti clay. Aggregate that is not clean will be rejected. 2. Bld Form: Bld Unit Cost Tvoe Grade ___ __F.Q.B. ~~~pll~rs.Plant A 3 $ NO BID /CY A 4 $ 1V0 BID /CY A 5 $ NO BID /CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. 1 do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Signature Firm Name and Address: Date ~;E~~ if Corporation Phone: ( ) CORRUGATED METAL PIPE SPECIFICATIONS AND BiD FORM 1. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: ~id_ U ~.~2~t Type Design 15" Arch 1 1$" Arch 2 24" Arch 3 30" Arch 4 15" Coupling Bands 18" Coupling Bands 24" Coupling Bands 30" Coupling Bands F.O.B. Kerr County Road & Bri~l~e Yard $ NO BID /LF $ NO BID /LF $ _ NO BID ,_/LF $ NO BID /LF NO BID Each $__ _~0_~__ _Each $__ _ ~IQ_ BII?.____ __Each $__ _NO_ BID _ __Each I do hereby certify that 1 have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Signature Date Firm Name and Address: - - =' ~_'.= if Cor oration Phone: -- p -_.___ _----~-- . .,~ y s Y ~ .~.~~ ~ ~ .~~, 4 . ,g,,, ti+ ~ ~.. ~ r s ..~ ., ^~ xr ~t re t gk+"° s ~ rr4 xnQ .: .~ -* , ~ "S ~ t. A7` g '~{? ~ 1Q~ ~,~ ~ p a ,~ J. ~~f'~.`IG 9~F ~ ~„ $ ~`"~~, 4~'. ?r ~M. R `t~+~`4 i Yi`- aH ~ ~~'"a ~rv r ;. "~ .p t @`t~' y ~ xY -` r, ~` ~ ! -f: ~r yj ~' 4~ ~r~ ~ e f+`[°bx,~ ~.' .~. ~'~` d ~ r.t• ~ x z'T- ice. ~; t3a ~:~ x. ~ Y..~' yf~/ ~ o » ~- l~ ~ P.1 t u~}~ ~{~ ~ ~~ , ~~"~ A p> , -. = . ~ °~ ss ~ y .~ f' v .. Cy ~~ ~ } , t r~ ~ -¢i' ' c ~. x' .~^3j' r t .A ~`"' ~ ~ c R7 c~ ~ ~ Sp 4 ~ ' < ~ .T, ~ ., T M~ _ iM ~., try 3 Rl,, `.A+YiI ~(. is. / ~ ~~Y ~}'~ 1~ K ' ~~ K ~ e ~Y r^ ra t r ~ '~~" ! ~ .#'. asp .. c yv .~ .. AR } ' ' i a ~~~ ~` w•~r 2., , s : , ,t rt',f ; 5 ~ pJ _--:i` _. _ is .. ~~ ~. ;. },,p ~ _ ~ .' ~ a ' < j'~R^`"f'~+. ' :drv ~f n .J+yr~ -.11t~w ~ tir~ } +{ r f 3 ~ "If -. d .c • r' * •sw!dr ."'k y .. ;1 4Tyr ' '`~ ~<~" ~ ~~ Y ~; TEXAS FUEL & ASPHALT CO., INC. ' 6746 UPRIVER RD., P.O. BOX 9605 CORPUS CHRISTI, TX 78469 ,. _ ~ ~'~ ,' . ~ TO Kerr County Clerk 700 rlain St . Kerrville, Texas 78028 "Sealed Bids for Paving Aggregate, Asphalt • , Emulsion Oil or Corrugated Atetal Pipe" Opening date: Feb. 23,1993 at 10:00 ATi D PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE MARCH 1993 KERB COUNTY ROAD & BRIDGE DEPARTMENT NOTICE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE B(D DATE AND TIME: FEBRUARY 22, 1993 at 5:00 p.m. Sealed Bids for the above referenced project will be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. All bids must be on the Bid Form, attached to all Bid Documents. Bids received after time shown will not be accepted. Bids will be opened publicly and read aloud in Commissioners' Court, February 23, 1993, at 10:00 a.m. Bids will be awarded or rejected in Commissioners' Court March 2, 1993 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, 101 Spur 100, Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. BID SECURITY and ACCEPTABLE SURETY information is specified in Special Instructions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their sealed bid envelope: "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oil or Corrugated Metal Pipe" "Opening date: February 23, 1993 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.06 thru 5.09. Franklin Johnston, P.E. County Engineer EMULSIONS SPECIFICATIONS AND BID FORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: Tvne Bid Unit (moo t CR5 - Zh $____________/Gallon or HFRS - 2 $____________/Gallon MS - 1 $____________/Gallon I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. ------------------------------- Signature Firm Name and Address: Phone: ___- Date----- ~lEAIL if Corporation PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. All sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Tine Grade _ F.Q.B. Suppliers Plate A 3 $ 6. oo ICY A 4 $ 6.50 /CY A 5 $ 5 . oo ICY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. ~., ~ l S' azure Firm Name ,and Address: ~. ~. C - ... , ,: `. \ ~ --- ~^r~ _ ~~~~@. ~~#~~`r~aorali~n „ ,~~ WHEATCRAFT. INC. P.O. BOX 68 2-22-93 Date KFRRVTT.T F. _ TEXAS _78029-0068 ~_,_. Phone: 21 895-3030. ( Cl ._-- _ --- -- - 302.1 to 302.3 ITEM 302 AGGREGATE FOR SURFACE TREATMENTS 302.1. Description. This item establishes the requirements for ag- gregate to be used in the construction of surface treatments. 302,2. Materials. Aggregates shall be composed of clean, tough and durable particles of gravel, gushed grave], gushed stone, crushed slag.or :* natwal limestone rock asphalt. When spedfied on the plans, other ag• gregate types may be permitted or required. These materials shall not con• '~ fain more than 5 percent by weight of soft particles and other deleterious material es determined by Test Method Tez-217•F, Part I. The natural limestone rock asphalt aggregate, when furnished, shall have an average bitumen content from 4 to c percent by weight of natwally t. impregnated asphalt, as determined by Ter Method Tex-215•F, and shall contain not more than 2 percent by weight cf any one of or combination of iron pyrites, or other objectionable matter, es determined by Test Method Tex•217•F, Part I. No aggregate shall contain as a total of more than 5 percent by weight of impurities or objectionable matter listed above. The percent of wear, as determined by Test liethod Tex-410•A, for each of the materials shall not exceed 35 percent. ,w The percent of wear on naturallimes:ane rock asphalt aggregate as determined by Test 1lethod Tex-410•:1 shat: be made on that portion ofthe - material retained on the No. 4 sieve, ha~i:g a naturally impregnated as- ;~ phalt content of less than 1 percent. Crushed gravel shall have a minimum of 85 percent of the articles re• '- P J`~ rained on the No. 4 sieve with mare than one crushed face, as determined by Test Method Tex-413•A,1Particle Count. The polish value for the aggregate used in the surface or finish course far the travel lanes shall rat be less than the value shown on the plans when tested in accordance with 'f'ast Method Test-438-A. The ilakiness index for the aggregate, es determined by Test Method Tex•224-F, shall not exceed the value shown on the plans. 302,3 Typee. The various types of aggregntea are identified as follows: Type A. Typo A aggregate shell canai~t at gravel, crushed slag, atone or natural limestone rock asphalt. `-~' . >;< JVG.'! Type I3. Type $ aggregate shall consist of crushed grave], crushed slag, crushed atone or natwal limestone rock asphalt. Type C. Type C aggregate shall consist of gravel, crushed slag or pushed atone. Type D. Type D aggregate shall consist of crushed gravel, gushed slag or crashed stone. _ Type E. Type E aggregate shall consist of natwal limestone rock asphalt. Type F. Type F aggregate shall be as shown on the plans. 302.4. Grades. When tested by Test Method Tex-240-F, Part I, the gra- dation requirements shall be as follows: Percent by Weight Grade 1: Retained on 1" sieve ..............:.......... p Retained on 718" sieve ................... . .... 0 • 2 Retained on 314" sieve ........................ 20. 35 Retained on 518" sieve ....................... . 85.100 Retained on 318" sieve ......... . .............. 95.100 Retained on No.10 sieve ...................... 99.100 Grade 2: Retained on 118" sieve ........................ 0 Retained on 314" sieve ........................ 0 - 2 Retained on 518" sieve ........................ 20 - 35 Retained on 112" sieve ........................ 85 -100 Retained on 318" sieve .................. . ..... 95.100 Retained on No.10 sieve ..................... 99.100 Grade 3; Retained on 314" sieve . ........ p 5%~ Retained on 518" sieve ......... . 0 - `l Retained on 112" sieve ................... . .... 'lU - 35 Retained on 318" sieve ..... ... . ......... .... 85 -100 Retained on 114" sieve .......... ........... 95.100 Retained on No.10 sieve ................... .. 99.100 Grade 4: ., Retained on 518" sieve ........................ 0. ~, ~" " Retained on 112 sieve ........................ 0 • 2 Retained on 3!8" sieve ... ................... 20. 35 Retained on No. 4 sieve ......... .......... . 95.100 Retained on No. 10 sieve .......... .... .. 99.100 Grade 5: ~ Retained on 112" sieve ........................ 0 3~r Retained on 318" sieve ..................... 0 - 5 Retained on No, 4 sieve .. . .... . ............... 40. 85 ~` Retained on No,10 sieve .. . . ....... . ...... ... 98.100 ~.~ ~.~ Retained on No. 20 sieve . . ........... . ........ 99.100 197 ~~ ~k o 'r CORRUGATED METAL PIPE SPECIFICATIONS AND BID FORM i. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: ¢id Unit CQ~Z Type I Design F.O.B. Kerr County Road & Brie Yard 15" Arch 1 $ !LF 18" Arch 2 $ !LF 24" Arch 3 $ /LF 30" Arch 4 $ /I_F 15" Coupling Bands $___ _Each 18" Coupling Bands $___ Each 24" Coupling Bands $.___._____Each 30" Coupling Bands $ ________________Each I do hereby certify that I have read the attached Special instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Signature Firm Name and Address: Date ~~~~;:«. if Corporation Phone: ( ) ____.___ _____~- TABLF. OF CONTENTS FOR SPECIAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEM ENC Page SPECIAL INSTUCTIONS TO BIDDERS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ...................................... 3 4. Form of Proposal ...................................... 3 5. Bid Security ...................................... 3 6. ~ Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1.01 Kerr County and Contractor .................................. 4 1.02 Contract Documents ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... 4 1.05 Work ...................................... 4 1.06 Extra Work ...................................... 4 1.07 Working Day ...................................... 4 1.08 Calendar Day ...................................... 4 1.09 Substantially Completed ......... . .......................... 4 2. RESPONSIBILITIES OF KERR COUNTY AND THE CONTRACTOR 2.01 Inspection by Kerr County .................................. 5 2.02 Payment for Work ..................................... 5 2.03 Lines and Grades ..................................... 5 2.04 Contractor's Duty and Superintendence ........................ S-6 2.05 Contractor's Understanding .................................. b 2.06 Sanitation ..................................... 6 2.0? Shop Drawings ...................................... 6 2.08 Preliminary Approval ..................................... 7 2.0 9 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Special Inatnictions ~c Gcncril Conditionti Page 1 3. GEN>/~~~L OBLIGATIONS AND RE.SPnNS,. ,LITIE.S 3.01 Accessibility of Plans and Specifications .................... 8 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ 8 3.04 Equipment and Materials .................................... 8 3.05 Performance and Payment Bonds ............................. 8 3.06 Losses from Natural Causes ................................. 8 3.07 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3.1 1 Assignment and Subletting .................................. 9 3.12 Indemnification ..................................... 9 3.13 Insurance ..................................... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGRT:SS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... 10 S. MEASt;fREMENT AND PAYMENT 5.01 Quantities and Measurement 5.02 Estimated Quantities .................................... 1 1 5.03 Price of Work .................................... it 5.04 Partial Payment .................................... 1 1 5.05 Use of Completed Portions ................................. 1 2 5.06 Final Completion and Acceptance ........................... l 2 5.07 Final Payment .................................... 12 5.08 Payments Withheld .................................... l2 5.09 Delayed Payments .................................... 1Z 6. EXTRA WORK AND CI..AIMS 6.01 Change Orders .................................... 13 6.02 Minor Changes .................................... 1:~ 6.05 Extra. Work .................................... 13 7. ABANDONMENT OF CONTRA('T 7.01 Abandonment by Contractor ................................ 1 4 7.02 Abandonment By Owner ...................................... t 5 Specit,( InatructionA 8t Gcnerzl Conditions Page 2 SrECIAL INSTRUCTIONS TO BIDDEi-„s 1. RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received wi11 thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY OF BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract, unless permitted by Commissioners' Court. 3. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. Ali money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated.damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County. 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. 8. RESERVATION OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special Instn~ctiong cet General Conditic,n~ Page 3 GE~~cRAL CONDITIONS OF AGREEML., i 1. DEFINITIONS OF TERMS 1.Oi KERR COUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds {when required), the Plans and Specifications, the General Conditions, and any Special Conditions, and all modifications thereof incorporated in any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having'a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide all materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which sa applied have a well known technical yr trade meaning shall be held to refer to such recognized standards. i .06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all that may be required by KERB COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "V1lorking Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven(7) hours between 7:00 a.m. and 6:00 p.m. i .08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable far use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. Special Instructions & Gcncral Conditi~>ns Paz a 2. RESPONS1131~tTIES OF KERB COUNTY AND TFiE_ ~,ONTRACTOR 2.01 INSPECTION BY KERR COUNTY. Periodic visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERB COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR WORK. KERB COUNTY shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, all lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shalt be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shalt give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed 'improvements, KERR COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result df his operations hereunder. CONTRACTOR shall be fully and completely liable, at his awn expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special Instructions cPC General Conditi~mr; Page S Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KERR COUNTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the, project, including but without limitation the propriety of means and designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERR COUNTY shalt in no way relieve CONTRACTOR from his responsibility to complete a-I work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and a(I other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERR COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONSTRACTOR shall submit to KERB COUNTY. with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and KERR COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERB COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERR COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERB COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him form responsibility for errors of any sort in shop drawings or schedules. it shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERB COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the, safety of either person or property during CONTRACTOR'S performance hereunder. Special Instruetiona 8c General C'onditinns Paee 6 2.08 PRELIMINARY API-, ~JVAL. No failure or omission of Klr .~ COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fu11y and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that KERB COUNTY shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by KERR COUNTY prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the CONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shall be paid for by KERR COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work far use in the work or selected for the same, shall be deemed by KERR COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERR COUNTY may make such changes and alterations as KERR COUNTY may see fit, in the line, grade, form, dimensions, plans or materials for the work herein . contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, otherwise, such additional work shall be paid for as provided under Extra Work. 2.11 WARRANTY. Contractor affirms that he has reviewed in detail the Plans and Specifications, the Special Conditions, and all ocher documents relating to the design and construction of the work and warrant that there are no design defects and that the work can be completed as called for in those documents. Special ~n9truetions & General Conditi~~n~ Page 7 3. GENG, iAL OBLIGATIONS AND RESPOND. _+LITIES 3.01 ACCESSIBILITY OF PLANS AND SPECIFICATIONS. KERR COUNTY shall furnish the CONTRACTOR with an adequate and reasonable number of companies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by KERR COUNTY shall not be reused on other work, and with the exception of the signed contract sets, are to be returned upon request, at the completion of the work. 3.03 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. 3.04 EQUIPMENT' AND MATERIALS. The CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.05 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard farms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the greed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by KERp COUNTY. 3.06 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.07 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERB COUNTY harmless from all claims growing out of the lawful demands of sub- contractors, laborers, mechanics, materialmen, and furnishers of machinery and equipment parts thereof, and all supplies incurred in the furtherance of the performance of this contract. When so desired by KERR COUNTY, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. Special Instruction9 cec Ccneral Condiliem~; A~ig~ 8 3.09 PROTECTION AG/1u~1ST ROYALTIES OR PATENTED Il.. ELATION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable I~gal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shalt indemnify and save KERB COUNTY harmless from any loss on account thereof. 3.10 LAWS AND ORDINANCES. The CONTRACTOR shall ai all times observe and comply with al! Federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless KERR COUNTY against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. tf the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify KERB COUNTY in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR pertorms any work contrary to such laws, ordinances, rules and regulations, and without such notice to KERR COUNTY, he shall bear all costs arising therefrom. 3.11 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain persona( control and will give his personal attention to the fulfillment of this contract and that he wilt not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of KERB COUNTY, and that no part or feature of the work wilt be sublet to anyone objectionable to KERB COUNTY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to KERR COUNTY, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless KERR COUNTY and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work. 3.13. INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by Subcontractor or by anyone directly employed by any of them, or by anyone for whose acts any of them may be liable. 3.14. CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with KERR COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERB COUNTY. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to KERR COUNTY. The CONTRACTOR shall also file with KERR COUNTY valid Certificates of insurance covering all sub-contractor. Special Instructions 8c Ccnrril Ccnuiitinr!rc Page' 9 4. PROSECUTION AND PROGRF_SS 4.01. TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such times and seasons, in such order of pr©cedence, and in such manner as shall be most conducive to economy of construction: provided, however, the time of prosecution shall be such that the work shall be substantially competed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when KERB COUNTY is having other work done, either by his own force. The CONTRACTOR shall submit, at such times as may reasonably be requested, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02, EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of KERR COUNTY, or of any employee of either, by other contracts employed by KERB COUNTY, or by changes ordered in the work or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, ar by any cause which KERR COUNTY shall decide justifies the delay, then an extension of time shall be allowed for completion the work, sufficient to compensate for the delay, the amount of the extension to be determined by KERB COUNTY, provided, however, that the CONTRACTOR shall give KERB COUNTY prompt notice in writing of the cause of such delay. Special 1n»tnicti~~nr; 8c Gcnerul C'~,n~?i!~,,ns PaKr. I (1 5. MEASURMENT AND PAYMFN~1" 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured andlor computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the variotas classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cast of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. 5.03 PRICE OF WORK. In consideration of the furnishing all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of ail material embraced in this contract in full conformity with the specifications and stipulations herein contained, KERB COUNTY agrees t~ pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and while thereof in the manner and according to the Agreement. 5.04 PARTIAL PAYMENT. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to KERR COUNTY for approval a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all materials delivered on the site of the work that are to be fabricated into the work. KERR COUNTY shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained anti! final payment, and further less all previous payments and all further sums that may be retained by KERR COUNTY u-lder the terms of this Agreement. It is understood, however, that in casfl the whole work be near to completion artd some unexpected and unusual delay occurs due to no fault or neglect on the part of the CON~T~RACTOR, KERR COUNTY may pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at KERR COUNTY'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". Special Instructions XL Gcner:+i Cone?i~unu: Pale 11 5.05 USE OF COMPLEI cD PORTIONS. KERB COUNTY shu.. nave the right to take possession of and use any completed or partially completed portions of the wrork. not withstanding the time for completing the entire work ar such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. 1f such prior use increases the cost of or delays the, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as KERB COUNTY may determine. The CONTRACTOR shall notify KERB COUNTY when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying KERR COUNTY, the CONTRACTOR shall furnish to KERB COUNTY in writing a detailed list of unfinished work and may add there to such items as the CONTRACTOR may have failed to include . The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR performing all of the work undertaken whQther of a minor or major nature, and thereby completing the structure or facility in accr~rdance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given KERR COUNTY written notice that the work has been completed, or substantially completed, KERR COUNTY shall inspect the work, KERR COUNTY shall issue the CONTRACTOR a Certificate of Acceptance, ar advise the CONTRACTOR in writing of the reason far non-acceptance. 5.07 FINAL PAYMENT. KERB COUNTY shall pay to the CONTRACTOR on or after the 30th day, and before the 35th ,after the date of the Certificate of Acceptance, the balance due the CONTRACTOR under the terms at this contract; and said payment shall became due in any event upon said performance try the CONTRACTOR. Neither the Certificate of Acceptance nor tt~e final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. KERB COUNTY may, on account of subsequently discovered evidence, withhold ar nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss, 5.09 DELAYED PAYMENTS. Should KERB COUNTY fail to make payment to the CONTRACTOR of the sum named in the final statement, when payment is due, KERB COUNTY shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement rent, interest thereon at the rate of six(6) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. Spccill Instrurtion~: ~l'- (irnrral C'c>ndilinn5 P~g~ 1:? 6. EXTRA WORK AND CLAfMS 6.01 CHANGE ORDERS. Without invalidating this Agreement, KERR COUNTY may. at any time or form time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by KERR COUNTY for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contact price, as hereinafter set forth for Extra Work, and any change in contact time which may result from the change. 6.02 MINOR CHANGES. KERR COUNTY may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contact Price. If the CONTRACTOR believes that any minor change ar alteration authorized by KERR COUNTY involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to KERR COUNTY for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) Use unit & Bid or Agreement; or Method (B) By agreed lump sum; or Method (C} if neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual fiP{d cost" of the work, plus fifteen {15) percent. S~~ccia) lu^tritt~li~>ns r~ (h•n.•ral ('i~;,~1,;Ii~,~~• Pad±c' i ~ . ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from KERR t~OUNTY, or if the CONTRACTOR fails to comply with the orders of KERR COUNTY, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by KERR COUNTY or the Surety on the pertormance bond, or another contractor is completion of the work; and the CONTRACTOR shall not receive any rental or credit there of (except when ilsed in connection with Extra Work, where credit shall be allowed as provided for under Section 6. Extra Work and Claims), it being understood that the use of such equipment and materials may ultimately reduce the cost to complete the work and may be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion here in before provided for, within the ten. (10) days after service of such notice, then KERR COUNTY ma,r provide for completion afi the in either of the following f~lnctive manners: 7.41.1 KERR GOUNTY may thereupon employ such force of men and use such equipment, and materials as KERB COUNTY may deem necessary to comply±r: the work and change the expense of such labor, equipment, and materials to said CONTRACTOR, and expense so change shall be deducted and paid by KERB COUNTY out of such monies as may be duQ, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. 7.01.2 KERB COUNTY under sealed bids, after a minimum of 14 calendar days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract far the completion of the work under substantially the same terms and conditions which are provided in this contract. !n case any increase in cost to KERB COUNTY under the new contract as compared to what would have been the cost under this contact, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound there for. When the work shaft have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.08 here in above, shall be issued. A completion itemized statement of the contract accounts, certified to by KERR COUNTY as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, shall pay the balance due as reflected by said statement, within (15) days after the date of such Certificate of Completion. in the event the statement of accounts shows that the cast to complete the work is less than that which would have been the cost tc~ KERR COUNTY had the work been completed by the CONTRACTOR undflr the terms of this contract: or when the CONTRACTOR anchor his S~Irety shall nay the balance shown to be Special instructions R' Crn_~rsil Cnnr.lili++n: Page I4 due by them to KERR COUNTY, then all machinery, equipment, tools, materials or supplies left of the site of the work shall be turned over to the CONTRACTOR and/or his Surety, should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due KERB COUNTY within the time designated here in above, and there remains any equipment and materials on the site if the work, notice there of, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of KERR COUNTY to exercise ordinary care to protect such property. After fifteen {15) days from the date of said notice KERR COUNTY may tale possession and sell or retain such equipment and materials and apply the value derived to the credit of the CONTRACTOR and his Surety. KERR COUNTY shall release any equipment and materials which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided here in shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case KERB COUNTY shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten(10} days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work ,and may remove there from all equipment and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been brought into the work, and thereupon KERR COUNTY shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. KERB COUNTY shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by KERB COUNTY and all other sums that may be retained by KERR COUNTY under the terms of this Agreement and KERB COUNTY shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statements as due the CONTRACTOR, under the terms of this Agreement. Special Instructions ht General Cc~stditit~n,'~ Pad*e 15 ~' ?w r ~. .~- ~ S. a *i..r n N .,, ~ 173 , i ~'~W7`7r Y~ 5~, ~-Nf ~wn«: ~Y' '~ ~'~{ 3`4i~i~a ~ ~ ~ 5 S ~. y'7~ i. r~ ~?fir ! ~ 3 ~ Y I ~ s.b ~ ~~ ~ ~ r !~ hYE ~'J.r ~' aw~,~ "its ~ ~ F ~ 1 "~"ryiy.°~ { ... ~+ .~~ a .. '~ '~.e ~r .1 - 1 f~r~~ r. 'X ~n ~,~, ~ti re~# ,~ r ~ q„ . ' <~, ~" "~" "SEALED BIDS FOR PAVING AGGREGATE, ASPHALT ~~~ ~: ~ '_ ~ ~~;~" ' EMULSION OIL '~ , 2~' ~ "^' {i ~ Y 2 ~ OR ~~ ~, r ~ '. ~ 1 ~ „~ i,~ ': CORRUGATED METAL PIPE" ~ ~,~~,~, / ~~:~ "OPENING DATE: FEBRUARY 23, 1993 AT 10;00 a.m. ':~~ ~ ~ ~' ~` ~ .. ,: "WHEATCRAFT, INC." '~~,''. "' ~ ~' ~- k .. r; P . 0. BOX 68 ~ :^ ~ ,yF'' ;~ ~, .._ ~ ~~,.. KERRVILLE, TEXAS 18029-0068 ': 'k ~ ,rx ~''~_'1l Y s ~'~ . ~. 4 ` ~ ~~'~4 ~ r'. R rY ..E, , Y.. ~ ~ n`~iT ~w ! is +Yxh~ i • i i. Ff _ .. - ~ -.ua ,~ .~'... Fad' ,~ ~ ~, .. _ ' a r ~,Ea~ x ft ~, k '~ r,„ r ?h z>~ ~. A A'eM.1 tYy ~ •;i ~`.Y ~ f a s ~~~ ' Y ..... ~ y - ~ y t - i -~ 'l. ~ s t k _ ~ ~ ~ ~ h ~ , Fh ~ _~ a ~ , ~O 6 ,) ;s G SL ^ Sdi tl +s ~ a e t + ~ ~ M ~ ~ ` J m/~/ r : ~ ,• w ~. a: w . m p ~ r "" T ~~ ~ -, ' 'l i ~f ."k ~'`rz . 3. r ~d~~ ~. i ~{ •~ 'Y ~:. ~'. t, #' ', r. a t ~,' ~ 5,, x ra r.7... r V ~ V ~ o ~~L~~~ PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE MARCH 1993 KERB COUNTY ROAD & BRIDGE DEPARTMENT ' PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. All sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Bid l~nit Cost ~.pe .Grade _ ____ _F,.Q.B. ~u~ligrs Plan# A 3 $5.95 /CY A 4 $5.95 !CY A 5 $5.95 /CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "tow bidder", depending on the locations of job sites. I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. ,~ iJ Sig ture Firm Name and Address: ~~ ,~ 9 Date HENRY GRIFFIN CONSTRUCTION 709 SMOKEY MTN KERRVILLE, TX 78028 ~~r1~ if Corporation Phone: (0257-5647 _ EMULSIONS SPECIFICATIONS AND RID >+ORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - Zh or I-lFR5 - 2, and MS - 1. Bids are to be in cost (in dollars} per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: Tyne Bid Unit Cost CRS - 2h ~No Bid__r'___~Gallon or MFRS - 2 ~No Bid_______~Gallon MS - T ~No sid_______~Callon ---------------------------------------------------- I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March l , l 994. Sig~ture Firm Name and Address: Date Henry Griffin Construction ---------------------------- 709 Smokey MTN Kerrville, TX 78028 Phone: (210 } 257l5647__~__~ S1E~1L if Corporation CORRUGATED METAL PIPE SPECIFICATIONS AND BID FORM 1. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: id ni~C~s~ Type Design F.O.B. Kerr County _ _.__Road & Brie Yard __ 15" Arch 1 $ No Bid _ f~ F 18" Arch 2 3 No Bid /~F 24" Arch 3 $ No Bid /LF 30" Arch 4 $ No Bid /LF 15" Coupling Bands 18" Coupling Bands 24" Coupling Bands 30" Coupling Bands No Bid ~------- -------E a c h $ No Bid Each ~ No Bid Each ~ No Bid Each I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Sign ure Date Firm Name and Add'reSS: Henry Griffin construction 709 SYnokey Mtn Kerrville, TX 78028 ~~=~° ~~ ~~ if Cor oration Phone: ,~ ~ ~- p __27_IZ-.,25.Z-5642.-----------,-- -- 709 Smokey Mtn Kern~il]_e TX ,ZIP 78028 >. 4.; >. I ~,, I ~. ~ti.; ~k, ?' ~_ :, ~ ~ 0 ~; Henr;~ Griffin ~T 0: "Sealed Bids for Pavina Aaareaate Asphalt F~nulsion Oil or Comiaated --~~a? -Pips ~~ - "Opening date: Feb.23, 1993 at 10a00a.m. Henry ri in ons ruc ion T 0: Kerr County Road & Bridge ;Q1 Spur 100 Kerrville, TX 78028 ZIP __ PA1flIC:~1 E ;~~,/~, C Court , uu BY Dplb PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. Afl sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. Ali paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Tyge Grade F.QB. u liars Plant A 3 $ /CY A 4 $ 6.60 /CY A 5 $ 5.25 /CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. 1 do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be In effect until March 1, 1994. r'~ ..1 / 2-19-93 ign re Date Firm Name and Address: DRYMALA Sand &sravel _ RT. 1 Box 48 Comfort, Texas 78013 ~~r~~ if Corporation Phone: (21Q ~g~_ 2094 D D O ~UJ~C~~'S PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE MARCH 1993 KERR COUNTY ROAD & BRIDGE DEPARTMENT R NOTICE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION O!L CORRUGATED METAL PIPE BID DATE AND TIME: FEBRUARY 22, 1993 at 5:00 p.m. Sealed Bids for the above referenced project wilt be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. All bids must ~ be on the Bid Form, attached to all Bid Documents. Bids received after time shown will not be accepted. Bids will be opened publicly and read aloud in Commissioners' Court, February 23, 1993, at 7 0:00 a.m. Bids will be awarded or rejected in Commissioners' Court March 2, 1993 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, 101 Spur 100, Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. BID SECURITY and ACCEPTABLE SURETY information is specified in Special Instruc#ions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their sealed bid envelope: ' "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oil or Corrugated Metal Pipe" "Opening date: February 23, 1993 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.06 thru 5.09. Franklin Johnston, P.E. County Engineer EMULSIONS SPECIFICATIONS AND RID FORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: Tvge Bid Unit 4.'ost CRS - 2h $____________/Gallon or HFRS - 2 $____________/Gallon MS - 1 $____________/Gallon --------------------------------------------------- I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. ------------------------------- ------------- Signature Date Firm Name and Address: ____________________________ ---------------------------- ---------------------------- Phone: ( ) ____-_~.-_-. S]EAIC, if Corporation 302.1 to 3023 . _ " .,.~ , . ,. -. •._. ,, 3VG.9 ~~;. Type 13. Type B aggregate shall consist of crushed gravel, crushed slag, - I,. crushed atone or natural limestone rock asphalt. ITEM 302 Type C. Type C aggregate shall consist of gravel, crushed slag ar - crushed atone. AGGREGATE FOR SURFACE TREATMENTS Type D. Type D aggregate shall consist of crushed gravel, pushed slag or crushed stone. ,. 302.1. Description. This item establishes the requirements for ag• gregate to be used in the construction of surface treatments. 302.2. Materials. Aggregates shall be composed of dean, tough sad durable particles of gravel, crushed gravel, gushed stone, crushed slag.or natural limestone rock asphalt. When speafied on the plans, other ag gregate types maybe permitted or required. These materials shall not con• fain more than 5 percent by weight of soft particles and other deleterious material as determined by Test Method Tez•2I7•F, Part I. The natwal limestone rock asphalt aggregate, when furnished, shall have an average bitumen content from 4 to t percent by weight of naturally impregnated asphalt, as determined by Ter Method Tea-215•F, and shall contain not more than 2 percent by weight c{ any one of or combination of iron pyrites, or other objectionable matter, as determined by Test Method Tex-217•F, Pert I. No aggregate shall contain as a total of more than 5 percent by weight of impurities or objectionable matter listed above. The percent of wear, as determined by Test Method Tex-410•A, for each of the materials shall not exceed 35 percen.- The percent of wear on natural limestone rock asphalt aggregatz as determined by Test 1lethod Tex•410•A she be mach on that portion of the material retained on the No. 4 sieve, haG:Sg a naturally impregnated as• phalt content of less than 1 percent. Crushed gravel shall have a minimum of 65 percent of the particles re• tained on the No. 4 sieve with more than one crushed face, as determined by Test Method Tex•413•A, Particle Countl. The polish value for the aggregate used iA the surface or finish course for tho travel lanes shall not be less than the value shown on the plans when tested in accordance with 'Pest Method Test•438-A. The flakiness index for the aggregate, as determined by Test Mothod Tez•224•F, shell not exceed the value shorn on the plans. 302.3 Types. The various types of aggregates are identified as follows: Type A. Type A aggregate shall consist of gravel, crushed slag, crushed:; stone or natural limestone rock asphalt, _ Type E. Type E aggregate shall consist of natural limestone rock asphalt. Type F. Type F aggregate shall be as shown on the plans. 302.4. Grades. When tested by Test Method Tex•200•F, Part I, the gra- elation requirements shall be as follows: Percent by Weight Grade 1: Retained on 1"sieve ......................... p Retained on 718" sieve ........................ 0 - 2 Retained on 314" sieve .. .. , .. ?(1- 35 Retained on 5i8" sieve ...... ... - Retained on 3(B" sieve ........... . Retained on Na.10 sieve ... .... . Grade 2: Retained on 718" sieve . Retained on 3(4"sieve . Retained on 5(8" sieve ........................ eu • o0 Retained on 112" sieve ...... . ................. 85 -100 Retained on 318" sieve . ....................... 95 -100 Retained on No.10 sieve ................. .... 99.100 Grade 3: Retained on 3r4"sieve........ p Retained on 5l8" sieve ................... .... 0 - 2 Retained on 1f2"sieve ........................ '?0. 35 Retained on 318" sieve .................... ... 85.100 Retained on ll4" sieve ........... ....... .... 95.100 Retained on No. ]0 sieve ...................... 99 -100 Crade 4: Retained on 518" sieve ........................ D. Retained on t12" sieve ........................ 0 - 2 Retained on 318" sieve ... ...... .......... 20. 35 Retained on No. 4 sieve ... ....... .... 95.100 [{stained on No.10 sieve ........ 99 -100 Grads 5: Retained on ll'l"sieve .......... ...... p Retained on 318" sieve ........................ 0 - 5 Retained on No. 4 sieve ................. 40. 85 Retained on Nc.10 sieve ............ . ......... 98.100 '~ Retained on No. 20 sieve ...... . .............. . 99.100 ~ ~' _ 191 CORRUGATED METAL PIPE SPECIFICATIONS AND BID FORM 1. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: Bld Un~C~.t Type Design F.O.B. Kerr County _ __ Road & Bridge Yard 15" Arch 1 $__._____ /LF 18" Arch 2 $_._ ILF 24" Arch 3 $__ _ __ ___ILF 30" Arch 4 $ ILF 15" Coupling Bands $ Each 18" Coupling Bands $____ .______~_____Each 24" Coupling Bands $ __. ______,_____._____Each 30" Coupling Bands ~ _ ________________Each I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. ignature Firm Name and Address: Date .~ ~~~~~~ if Corporation Phone: ( ) .___.._ _ ___ - TABLE OF CONTENTS FOR SPECIAL INSTRUCTIONS AND GENF.RAI_ CONDITIONS OF AGREEMENT Page SPECIAL INSTUCTIONS TO BIDDERS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ...................................... 3 4. Form of Proposal ...................................... 3 5. Bid Security ...................................... 3 6. - Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1.01 Kerr County and Contractor .................................. 4 1.02 Contract Documents ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... 4 1.05 Work ...................................... 4 1.Ob Extra Work ...................................... 4 1.07 Working Day ...................................... 4 1.08 Calendar Day ...................................... 4 1.0 9 Substantially Completed .................................... 4 2. RESPONSIBILITIFS OF KERB COUNTY AND THE CONTRACTOR 2.01 Inspection by .Kerr County .................................. S 2.02 Payment for Work ..................................... 5 2.03 Lines and Grades ..................................... S 2.04 Contractor's Duty and Superintendence ........................ 5-6 2.05 Contractor's Understanding .................................. b 2.06 Sanitation ~ ..................................... 6 2.07 Shop Drawings ...................................... 6 2.08 Preliminary Approval ..................................... 7 2.0 4 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Sperifll Instructions cYc Gencra] Condiricin~ Page 3. GENERAL OBLIGATIONS AND RESPONSI.~ _LI'I`IFS 3.01 Accessibility of Plans and Specifications ................ ... R 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ 8 3.04 Equipment and Materials .................................... 8 3.OS Performance and Payment Bonds ............................. 8 3.Ob Losses from Natural Causes ................................. 8 3.07 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3. 1 1 Assignment and Subletting .................................. 9 3.12 Indemnification ..................................... 9 3.13 Insurance .....................,............... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGRESS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... 1 0 S. MEASL:fIZEMENT AND PAYMENT S . O 1 Quantities and Measurement ................................ ~ i 5.02 Estimated ,Quantities .................................... 1 1 5.03 Price of Work .................................... 1 1 S .04 Partial Payment .................................... 1 1 S.OS Use of Completed Portions ................................. 1 2 S. 0 6 Final Completion and Acceptance ........................... 1 2 5.07 Final Payment .................................... 12 5.08 Payments Withheld .................................... 12 5.09 Delayed Payments .................................... 12 6. EXTRA WORK AND CLAIMS 6.01 Change Orders .................................... I3 b.02 Minor Changes .................................... I3 6.OS Extra Work .................................... l3 ' 7. ABANDONMENT OF CONTRAC`T' 7.01 Abandonment by Contractor ................................ 14 7.02 Abandonment By Owner ...................................... 1 5 Special Instructions & Gcncrnl Conditions Page 2 SPECIAL INSTRUCTIONS TO BIDDEFt.~ 1. RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received will thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY OF BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract, unless permitted by Commissioners' Court. 3. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. All money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as }iquidated damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together wish the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County. 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. $. RESERVATION OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special Instructions & Gencrul Cnnctitions Page 3 GENERAL CONDITIONS OF AGREEME. , 1. DEFlN1TIONS OF TERMS 1.01 KERR COUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such In the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), the Plans and Specifications, the General Conditions, and any Special Conditions, and all modifications thereof incorporated In any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design accord'inq to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered In person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide all materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all that may be required by KERR COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven(7} hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. Special lnatruclions & Gc~u±ral (onditinn Pale 4 2. RESPONSIBILITIES OF KERB COUNTY AND THEE ..ONTRACTOR 2.01 INSPECTION BY KERB COUNTY. Periodic visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERR COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR WORK. KERR COUNTY shalt review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, all lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed improvements, KERR GOUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all Toss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special Instructions Rc Ceners~t Conditions Page 5 Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KERR COUNTY, whether through personal observation on the project site or by means ~f approval of shop drawings for temporary construction or construction pros©sses, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and designs, plans or other facilities for accomplishing such performance. Devia#ion by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERB COUNTY shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERR COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONSTRACTOR shall submit to KERB COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/ar setting drawings and schedules required for the work of the various trades, and KERB COUNTY steal! pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERR COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERR COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERR COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him form responsibility for errors of any sort in shop drawings or schedules. it shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERB COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. Special Instructions & General ('onditi~niti Page C 2.08 PRELIMINARY APPROVAL. No failure or omission of KE, .~ t COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the cantract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material'; provided, however, that KERR COUNTY shalt, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by KERB COUNTY prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the CONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shall be paid for by KERB COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by KERR COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERB COUNTY may make such changes and alterations as KERR COUNTY may see fit, in the tine, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shat! be paid for according to the quantity actually done and at the unit price, if any, established far such work under this contract, otherwise, such additional work shall be paid for as provided under Extra Work. 2.11 WARRANTY. Contractor affirms that he has reviewed in detail the Plans and Specifications, the Special Conditions, and all other documents relating to the design and construction of the work and warrant that there are no design defects and that the work can be completed as called for in those documents. Special lnstructionq Rc Gc.nerul Conditi~~ns P~~e 7 3. GENERAL OBLIGATIONS AND RESPONS~~tLITIES 3.01 ACCESSIBILITY OF PLANS AND SPECIFICATIONS. KERB COUNTY shalt furnish the CONTRACTOR with an adequate and reasonable number of companies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by KERB COUNTY shall not be reused on other work, and with the exception of the signed contract sets, are to be returned upon request, at the completion of the work. 3.03 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and atl material must be furnished in accordance with the generally accepted practice. 3.04 EQUIPMENT AND MATERIALS. The CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.05 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the greed that this Contract shall not be in effect until such performance and payment bonds are fiurnished and approved by KERA COUNTY. 3.06 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cast and expense. 3.07 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERB COUNTY harmless from all claims growing out of the lawful demands of sub- contractors, laborers, mechanics, materialmen, and furnishers of machinery and equipment parts thereof, and all supplies incurred in the furtherance of the performance of this contract. When so desired by KERB COUNTY, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, dischargers or waived. Special Tnstructionv Rt Genr.ral Conditr~~nv Page 8 3.09 PROTECTION AGAINST ROYALTIES OR PATENTED IR+ ~ cNTION. The CONTRACTOR shall pay a!I royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save KERB COUNTY harmless from any loss on account thereof. 3.10 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless KERB COUNTY against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify KERB COUNTY in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work contrary to such laws, ordinances, rules and regulations, and without such notice to KERB COUNTY, he shall bear all costs arising therefrom. 3.11 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of KERR COUNTY, and that no part or feature of the work will be sublet to anyone objectionable to KERB COUNTY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to KERR COUNTY, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless KERR COUNTY and their respective officers, agents and employees, from and against ail damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work. 3.13. INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by Subcontractor or by anyone directly employed by any of them, ar by anyone for whose acts any of them may be liable. 3.14. CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with KERR COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERR COUNTY. Such Certificates steal! contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to KERR COUNTY. The CONTRACTOR shall also fife with KERR COUNTY valid Certificates of Insurance covering all sub-contractor. Special lnatructians ~k General Conditinn~: Page 9 a. PROSECUTION AND PROGRESS 4.01. TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, the time of prosecution shall be such that the work sha!! he substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in th© Proposal; provided, also that when KERR COUNTY is having other work done, either by his own force. The CONTRACTOR shall submit, at such times as may reasonably be requested, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02, EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of KERB COUNTY, or of any employee of either, by other contracts employed by KERB COUNTY, or by changes ordered in the work or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which KERB COUNTY shall decide justifies the delay, then an extension of time shall be allowed for completion the work, sufficient to compensate for the delay, the amount of the extension to be determined by KERR COUNTY, provided, however, that the CONTRACTOR 5ha11 give KERR COUNTY prompt notice in writing of the cause of such delay. Special ~ilS~fUcatOflfi K General C~m~?i,inns Pagr~ 1 C1 5. MEASURMENT AND PAYMF_PJT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract. they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. !trs understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. 5.03 PRICE OF WORK. In consideration of the furnishing all the necessary lobar, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of al( work and of the delivery of all material embraced 'in this contract in full conformity with the specifications and stipulations herein contained, KERR COUNTY agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and while thereof in the manner and according to the Agreement. 5.04 PARTIAL PAYMENT. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to KERB COUNTY for approval a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all materials delivered on the site of the work that are to be fabricated into the work. KERB COUNTY shall then pay the CONTRACTOR on or before the t 5th day of the current month the total amount of the approved statement, less 10 per cent at the amount thereof, which 10 per cent shall be retained until final payment, and further less ail previous payments and all further sums that may be retained by KERB COUNTY under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and same unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, KERB COUNTY may pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at KERR COUNTY'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance d~.re him under the rontrart subject only to the conditions stated under "Final Payment". Specinl Inetruction~ ~& C;~•ncrr~i C'nnciili~~ns Pale t 5.05 USE OF COMPLETED PORTIONS. KERB COUNTY shd„ ~~ave the right to take possession of and use any completed or partially cornpletPd portions of the work. not withstanding the time for completing the entire wcark ar such portions may not have expired but such taking possession and use shad not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the, thc~ CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as KERB COUNTY may determine. The CONTRACTOR shall notify KERB COUNTY when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying KERB COUNTY, the CONTRACTOR shall furnish to KERR COUNTY in writing a detailed list of unfinished work and may add there to such items as the CONTRACTOR may have failed to include , The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR performing ail of the work undertaken whether of a minor or major nature, and thereby completing the structure ar facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given KERR COUNTY written notice that the work has been completed, or substantially completed, KERB COUNTY shah inspect the work, KERB COUNTY shall issue the CONTRACTOR a Certificate of Acceptance, or advise the CONTRACTOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. KERR COUNTY shalt pay to the CONTRACTOR on or after the 30th day, and before the 35th ,after the date of the Certificate of Acceptance, the balance due the CONTRACTOR under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. KERR COUNTY may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from lass, 5.09 DELAYED PAYMENTS. Should KERR COUNTY fail to make payment to the CONTRACTOR of the sum named in the final statement, when payment is due, KERR COUNTY shall pay to the CONTRACTOR, in addition to the sum spawn as due by such statement rent, interest thereon at the rate of six(fi) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shalt fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. Special ingtrnctions Xt General Ce>nditinns i'~ge 12 6. EXTRA WORK AND Ct_l~IhA`~ fi.01 CHANGE ORDERS. Without invalidating this Agreement, KERB COUNTY r,-a,~y, at any time or form time to time, order additions, deletions or revisions to the wcrK; such changes will be authorized by Change Order to be prepared by KERR COUNTY for execution by the CONTRACTOR. The Change Order shall set faith the basis for any change in contact price, as hereinafter set forth for Extra Work, and any change in contact time which may result from the change. 6.02 MINOR CHANGES. KERB COUNTY may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase In Contact Price. If the CONTRACTOR believes that any minor change or alteration authorized by KERB COUNTY involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to KERR COUNTY for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order qr far which a claim for Extra Wark is made shall be determined by one or more of the following methods: Method (A) Use unit & Bid or Agreement; ar Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cast" of the work, plus fifteen (i 5) percent. Special InsU•ucli~inti K Ci~nrral Cnn~lili~~:r: P,{Z*,~ 13 7. ABANDONMENT OF" CONTI~/1rT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from KERR COUNTY, or if the CONTRACTOR fails to comply with the orders of KERR COUNTY, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work and a copy of said notice steal! be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work~any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by KERR COUNTY or the Surety on the performance bond, or another contractor is completion of the work; and the CONTRACTOR shall not receive any rental or credit there of {except when used in connection with Extra Work, where credit shat! be allowed as provided for t~nrier Section 6. Extra Work and Claims), it being understood that the use of such equipment and materials may ultimately reduce the rust to complete the work and may be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should f~aii tc~ commence compliance with the notice far completion here in before provided for, within the ten (10) days after service of such notice, then KERB COUNTY may provide for completion of the in either of the following elective manners: 7.01.1 KERR COUNTY may thereupon employ such force of men and use such equipment, and materials as KERB COUNTY may deem necessary to complete the work and change the expense of such lobar, equipment, and materiais t~ said CONTRACTOR, and expense sa change sh~li he deducted and paid by KERB COUNTY out of such monies as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. 7.01.2 KERR COUNTY under sealed bids, after a minimum of 14 calendar days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to KERR COUNTY under the new contract as compared to what would have been the cost under this contact, such increase shall be charged to the CONTRACTOR and the Surety shah be and remain bound there for. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 here in above, shall be issued. A completion itemized statement of the contract accounts, certified to by KERR COUNTY as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or hi, Surety, shall pay the balance due as reflected by said statement, within (15} days after the date of such Certificate of Completion. In the event the statement of accounts shows that the rost to complete the work is less than that which would have been the cast to KERB COUNTY had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his S~.~rety shall pay the balance shown to be Special instructions k General Conditi~.n5 Page. 14 due by them to KERB COUNTY, then all machinery, equipment, tools, materials or supplies left of the site of the work shall be turned over to the CONTRACTOR and/or his Surety, should the cost to complete the work exceed the contract price, and'the CONTRACTOR and/or his Surety fail to pay the amount due KERB COUNTY within the time designated here in above, and there remains any equipment and materials on the site if the work, notice there of, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of KERB COUNTY to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice KERR COUNTY may tale possession and sell or retain such equipment and materials and apply the value. derived to the credit of the CONTRACTOR and his Surety. KERR GOUNTY shat( release any equipment and materials which remain on the wark, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on ail operations provided here in shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case KERR COUNTY shall fail to comply with the terms of this contract, and should fait or refuse to comply with said terms within ten(10} days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the wark ,and may remove there from alt equipment and all materials on the sits of work that have nat been included in payments to the CONTRACTOR and have not been brought into the work. and thereupon KERB COUNTY shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the valt,e of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. KERB COUNTY shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by KERR COUNTY and all other sums that may be retained by KERB COUNTY under the terms of this Agreement and KERB COUNTY shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statements as due the CONTRACTOR, under the terms of this Agreement. Sl~ccial Intilruclinn5 .k (~rncral ('nn~;~!~":!, Pale 15 KERR COUNTY ROAD & BRIDGE ADVERTISEMENT FOR BID ON PAVING AGGREGATE ASPHALT EMULSION OILS CORRUGATED METAL PIPE Sealed bids will be received at the Kerr County Clerks Office, 700 Main St., Kerrville, Texas 78028, until Monday, February 22, at 5:00 p.m. Bids will be publicly opened and read aloud February 23, 1993, at 10:00 a.m., in Commissioners' Court. Bids will be awarded or rejected in Commissioners' Court March 2, 1993, at 10:00 a.m. Bid forms and specifications are available at the Kerr County Road & Bridge Department, 101 Spur 100, Kerrville, Texas 78028. (5I2) 257-2993 Bids are to be applicable until March 1, 1994. Bids submitted, should have the bidders name, the item(s) being bid, and "Seal Bid" noted on the envelope. Kerr County reserves the right to reject any or all bids. SEALED BIDS FOR PAVING AGGREGATE "OPENING date: February 23, 1993 at 10:00 a.m." Joe J. Drymala Drymala Sand & Gravel RT. ~ Box 48 Comfort, Texas 78013 ~, a_ , t • ~~ r,~an~t /•ao ~,n, ti CORRUGATED METAL PIPE SPECIFICATIONS AND BID FORM i. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: Type Design F.O.B. Kerr County Road & Bridge Yard 15" Arch 1 $ 4 . 7 8 ILF 18" Arch 2 $ 5.7 4, /LF 24" Arch 3 $ 7 •4 g /L F 30" Arch 4 $ 9 .4 1_ /LF 15" Coupling Bands 18" Coupling Bands 24" Coupling Bands 30" Coupling Bands $ 7. 1 7 Each $ 8.61 Each $ 11.24 Each $ 1 4 . 1 2 Each I do hereby certify that !have read the attached Special Instructions to Bidders and that prices quoted herein are to begir arch 3, 1893 and be in effect until March 1, 1994. 2-17-93 nature Firm Name and Address: SQL if Corporation Date CALDWELL CULVERT COMPANY P 0 BOX 1248 TAYLOR, TX 76574 Phone: ~ 5 h2 352-8592 ~ CALDWELL CULVERT COMPANY P. 0. BOX 1248 TAYLOR, TEXAS 76874 CSP " SEALED BID FOR CORRUGATED METAL PIPE" Feb niary 23, 1993 @ 10:00 A.M. ,~'j x e" u ~ b~ ~~ ~, ~, ^~r~? ~~!; KERR COUNTY CLERK 700 Main Street Kerrville Texas 18028 '~ _ ~ l~-' ' ~ FILED DAY OF ~~`" ~'' ~ i ~ ° -,,; ,r ~~ ~ ~ ~ __ CLERK CDUNTY CUURT KERR C IY, TEXAS ~` ~ IIIIJIIf I(IlfilltllllllllllJ~Illl~lll~lfllllllllll KERR COUNTY ROAD & BRIDGE ADVERTISEMENT FOR BID ON PAVING AGGREGATE ASPHALT EMULSION OILS CORRUGATED METAL PIPE p ~c~~od~ ~_~~ ~ Sealed bids will be received at the Kerr County Clerks Office, 700 Main St., Kerrville, Texas 78028, until Monday, February 22, at 5:00 p.m. Bids will be publicly opened and read aloud February 23, 1993, at 10:00 a.m., in Commissioners' Court. Bids will be awarded or rejected in Commissioners' Court March 2, 1993, at 10:00 a.m. Bid forms and specifications are available at the Kerr County Road & Bridge Department, 101 Spur 100, Kerrville, Texas 78028. (512) 257-2993 Bids are to be applicable until March 1, 1994. Bids submitted, should have the bidders name, the item(s) being bid, and "Seal Bid" noted on the envelope. Kerr County reserves the right to reject any or all bids. l~ ~ V DoOc~~J~IC~(~'~ PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE MARCH 1993 KERR COUNTY ROAD & BRIDGE DEPARTMENT NOTICE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE BID DATE AND TIME: FEBRUARY 22, 1993 at 5:00 p.m. Sealed Bids for the above referenced project will be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. All bids must be on the Bid Form, attached to all Bid Documents. Bids received after time shown will not be accepted. Bids will be opened publicly and read aloud in Commissioners' Court, February 23, 1993, at 10:00 a.m. Bids will be awarded or rejected in Commissioners' Court March 2, 1993 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, 101 Spur 100, Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. BiD SECURITY and ACCEPTABLE SURETY information is specified in Special Instructions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their seated bid envelope: "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oil or Corrugated Metal Pipe" "Opening date: February 23, 1993 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.Ofi thru 5.09. Franklin Johnston, P.E. County Engineer EMULSIONS SPECIFICATIONS AND BID FORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, ~isphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: Tvoe Bid Unit (.s,~ CRS - Zh $____________/Gallon or HFRS - 2 $____________/Gallon MS - 1 $____________/Gallon --------------------------------------------------- I do hereby certify that I have read the attached Special Instructiions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Signature Firm Name and Address: ---- Date----- ---------------------------- ---------------------------- ---------------------------- Phone: { j ____-______. SIBAIG if Corporation PAVING AGGREGATES SPECIFICATIONS AND BiD FORM i . Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. A11 sections apply except 302.5. Bids are to be in cost (in dollars} per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Bld Unit Cost Tyne Grade _F.Q.B. SuR~li~rs Plant A , 3 $ ICY A 4 $ /CY A 5 $ ICY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 342.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains'the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. Signature Firm Name and Address: Date ~'~'~.~L 'rf Corporation Phone: ( ) 302.1 to 302.3 ;;, ~ w ,~.~ ~.~. ;v,. , s 6n `~ Type B. Type B aggregate shall consist of coshed gravel, crushed slag, crushed stone or natural limestone rock asphalt. ITEM 302 4 Type C. Type C aggregate shall consist of gravel, crushed slag or , crushed stone. AGGREGATE FOR SURFACE TREATMENTS Type D. Type D aggregate shall consist of crushed gravel, avshed slag or crushed stone. 302.1, Description. This item establishes the requirements for ag- gregate to be used in the construction of su.~face treatments. ' - TYPe E. Type E a861'egate shall consist of natural limestone rock asphalt. _ 302.2. Materiels. Aggregates shall be composed of clean, tough and durable particles of gravel, crushed gravel, crushed stone, crushed slag or t .* Type F. Type F aggregate shall be as shown on the plans. natural limestone rock asphalt. When speafied on the plans, other ag• ~ .: 302.4. Grades. When tested by Test Method Tex•200•F Part 1 the gra• ~ gregate types may be permitted or required. These materials shall not con• , , ~ fain more than 5 rcent b wei ht of soft Pe Y g particles and other deleteriou lotion requirements shall be as follows: ~ s material as determined by Test Method Tez•217•F, Part I. Percent by -; Weight The natural limestone rock asphalt agr~regate, when furnished, shell :: Grade 1: Retained on 1"sieve ...................... 0 have an average bitumen content from 4 to € percent by weight of naturally ... ''~ Retained on 716" sieve ............ . ........ 0• 2 impregnated asphalt, as determined b Te<- Method Tea-215•F, and shall • y -_~ ` Retained on 314" sieve ....................... . ZO. 35 contain not more than 2 percent by weight cf any one of or combination of " Retained on 518" sieve ....................... 85.100 iron pyrites, or other objectionable matter, as determined by Test Method ;~ Retained on 318" sieve ....................... . 95.100 Tex•217•F, Part I. ~ Retained on No.10 sieve .................. . .. . . 99 -100 No aggregate shall contain as a total of Lore than 5 percent by weight of Grade Z: Retained on 718" sieve ....................... ~ . 0 impurities or objectionable matter listed a0ove. " Retained on 314" sieve .... , ... . ~; ......... . 0- 2 The percent of wear, as determined by Test ~fethad Tex-410•A for each Retained on 518" sieve .... ...... ........... . 20. 35 , of the materials shall not exceed 35 percent. Retained on 1!2"sieve ....................... . 85 -1D0 ~,. Retained on 318" sieve ....................... . 95.100 The percent of wear on natural li,~nes:,;ne rack asphalt aggregate as -1~ Retained an No.10 sieve ... 99.100 determined by'Pest Method Tex•41D-A sha_ be made on that portion of the ••: Grade 3; Retained on 314" sieve .... .. p matena retained on the No. 4 sieve, ha~:~g a naturally impregnated as• ~' . Retained on 518" sieve .. .. 0 - 2 phalt content of less than 1 percent. Retained on 112" sieve ................ .... . 'l0. 35 Crushed gravel shall have a minimum of 85 percent of the particles re• '~ Retained on 318" sieve ..... 85 - 100 tained on the No. 4 sieve with mare than one crushed face, as determined by `~ Retained on 114" sieve ..... 95 - 100 Test Method Tex•413•A,1Particle Count. Retained on No.10 sieve .... .... ......... ~ . 99 -100 Tho palish value for the aggregate used in the surface or finish course ' Grade 4: Retained on 518" sieve ... ..... ~• . 0. for rho travel lanes shall not be less than the value shown on the plans when Retained on 112" sieve ..... ...... . . ~ ~ " D • 2 tested in accordance with 'test ;ifethod Test-438•A Retained on 318 sieve ........ ... 20. 35 . Retained on No. 4 sieve ....... 9Ci - 100 The flakiness index for the aggregate, as determined by 'Pest Method c Retained on No.10 sieve .. 99 - 100 'Pax-224•F, shall not exceed the value shown on the plans. Grede 5: Retained on 112" sieve .............. ' 0 302.3 Types, The various t s of ype aggregates are identified as follows: ' Retained on 318" sieve ............... .. ' 0 - 5 Type A. Type A aggregate shall caoaat of gravel, crushed slag, . J , Retained an No, 4 sieve ..... ....... ` ~>;~, Retained on No.10 sieve ............. ... ... 40. 85 . 98.100 y stone or natural limestone rock as halt` P - °'= ~- A•`: Retained on Na. 20 sieve ..................... . 99.100 ''; f=~ " 197 CORRUGATED METAL PIPE SPECIFICATIONS AND BID FORM 1. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: ~ cl~n~t_~2~t Type Design F.O.B. Kerr County __ Road & Bride Yard 15" Arch 1 $ 4.30 /LF 1 S" Arch 2 $,_~ 5 ~' S /LF 24" Arch 3 $__ 6'85 /LF 30" Arch 4 $_ s.55 /LF 15" Coupling Bands 18" Coupling Bands 24" Coupling Bands 30" Coupling Bands $_______a.3o _Each 5.15 $- --- -------- Each _.J 6.85 Each 8.55 $--- -- -- Each I do hereby certify that i have read the attached Special {nstructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. i i" , • / ~ 2-12-93 • Sign r Date Firm Name arld Address. _ ~ WTI 4(1N rl II \/FRT$ INC RT 2. BX 9F,35 ^__ -/ ``~ •., ELKNART. TEXAS 7~$~2____ ~ :-,~,~~ ~ Phone: ~;z~,•. ~t? Car iiraton~: --8eo- ----- ~~a-~es~------ -- ,_ TABLE OF CONTENTS FOR SPECIAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEMENT Page SPECIAL INSTUCTIONS TO BIDDERS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ...................................... 3 4. Form of Proposal ...................................... 3 5. Bid Security ...................................... 3 6. - Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDITIONS OF AGRF.F.~11[ENT 1. DEFINITION OF TERMS 1.01 Kerr County and Contractor .................................. 4 1.02 Contract Documents ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... 4 1.05 Work ...................................... 4 1.06 Extra Work ...................................... 4 ] .07 Working Day ...................................... 4 1.08 Calendar Day ...................................... 4 1.09 Substantially Completed .................................... 4 2. RESPONSIBILITIES OF KF.RR COUNTY AND THE CONTRACTOR 2.01 Inspection by Kerr County .................................. 5 2.02 Payment for Work ..................................... 5 2.03 Lines and Grades ..................................... 5 2.04 Contractor's Duty and Superintendence ........................ 5-6 2.05 Contractor's Understanding .................................. 6 2.06 Sanitation ..................................... b 2.07 Shop Drawings ...................................... 5 2.08 Preliminary Approval ..................................... 7 2.0 9 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Spccinl Instructions & Gcncr.+l Conditions Page L 3. GENEkAL OBLIGATIONS AND RESPONSIrstLITIES 3.01 Accessibility of Plans and Specifications ....... . .... ........ 8 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ 8 3.04 Equipment and Materials .................................... 8 3.05 Performance and Payment Bonds ............................. 8 3.06 Losses from Natural Causes ................................. 8 3.07 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3.1 1 Assignment and Subletting .................................. 9 3.12 Indemnification ..................................... 9 3.13 Insurance ..................................... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGRESS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... 10 5. MEASUItIIVIENT AND PAYMENT 5.01 Quantities and Measurement 5.02 Estimated Quantities .................................... 1 1 5.03 Price of Work .................................... 11 5.04 Partial Payment .................................... 11 5.05 Use of Completed Portions ................................. 1 2 5.06 Final Completion and Acceptance ........................... 1 2 5.07 Final Payment .................................... 12 5.08 Payments Withheld .................................... 12 5.09 Delayed Payments .................................... 12 6. EXTRA WORK AND CLAIMS 6.01 Change Orders .................................... 13 6.02 Minor Changes .................................... 13 6.05 Extra Work .................................... 13 7. ABANDONMENT OF CONTRACT 7.01 Abandonment by Contractor ................................ 1 4 7.02 Abandonment By Owner ...................................... 1 5 Specit+l Instructions dk. Cicncrz+l C'onditionti Page 2 Sr cCIAL INSTRUCTIONS TO BIDDEh~ 1. RECEIPT OF BEDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received will thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY OF BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to pertorm in the past after being awarded a contract, unless permitted by Commissioners' Court. 3. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder,~the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. All money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County. 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. 8. RESERVATION OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special instructions Rt Gencrssl Conditions Yaffe GE,.~RAL CONDITIONS OE AGREEML . f 1. DEFINITIONS OF TERMS 1.01 KERB COUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Pertormance and Payment Bonds (when required), the Plans and Specifications, the General Conditions, and any Special Conditions, and all modifications thereof incorporated in any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.45 WORK. The CONTRACTOR shall provide all materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all that may be required by KERB COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. i .07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, wiH permit construction of the principal units of the work for a period of not less than seven(7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. Special Instructions & Genera[ Conditions Page 4 2. RESPONSIB~~~ TIES OF KERR COUNTY AND TH>_. CONTRACTOR 2.01 INSPECTION BY KERR COUNTY. Periodic visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERR COUNTY shall not be in any way responsible or liable far any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR WORK. KERB COUNTY shat! review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, all lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by .the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with'full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed improvements, KERB COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special Instructions & General Conditi~mr: Page 5 Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KERR COUNTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and designsr plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERB COUNTY shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERR COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONSTRACTOR shall submit to KERB COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop andlor setting drawings and schedules required for the work of the various trades, and KERR COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERB COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERB COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERB COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him form responsibility for errors of any sort in shop drawings or schedules. it shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERB COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. Special tnetructions & General Conditions Page 6 2.08 PRELIMINARY API-~ OVAL. No failure or omission of KE....ri COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly pertorm the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that KERR COUNTY shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by KERR COUNTY prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the CONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shall be paid for by KERR COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. tt is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by KERR COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERR COUNTY may make such changes and alterations as KERR COUNTY may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, otherwise, such additional work shall be paid for as provided under Extra Work. 2.1 i WARRANTY. Contractor affirms that he has reviewed in detail the Plans and Specifications, the Special Conditions, and all other documents relating to the design and construction of the work and warrant that there are no design defects and that the work can be completed as called for in those documents. Special Instructions & Gwtercl Conditions Pale 7 3. GENEnAL OBLIGATIONS AND RESPONSr~rLITIES 3.01 ACCESSIBILITY OF PLANS AND SPECIFICATIONS. KERR COUNTY shall furnish the CONTRACTOR with an adequate and reasonable number of companies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by KERB COUNTY shall not be reused on other work, and with the exception of the signed contract sets, are to be returned upon request, at the completion of the work. 3.03 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. 3.04 EQUIPMENT AND MATERIALS. The CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.05 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the greed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by KERR BOUNTY. 3.06 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.07 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shah take proper means to protect the adjacent or adjoining property or properties in any way encountered, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERR COUNTY harmless from all claims growing out of the lawful demands of sub- contractors, laborers, mechanics, materialmen, and furnishers of machinery and equipment parts thereof, and all supplies incurred in the furtherance of the performance of this contract. When so desired by KERR COUNTY, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. Special Instructions cYc General Cunditinnq Page 8 3.f~9 PROTECTION AGH~..3T ROYALTIES OR PATENTED IN . _NTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide far the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save KERB COUNTY harmless from any loss on account thereof. 3.10 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless KERB COUNTY against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify KERB COUNTY in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work contrary to such laws, ordinances, rules and regulations, and without such notice to KERB COUNTY, he shall bear all costs arising therefrom. 3.11 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written Consent of KERB COUNTY, and that no part or feature of the work will be sublet to anyone objectionable to KERB COUNTY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to KERR COUNTY, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless KERR COUNTY and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work. 3.13. INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by Subcontractor or by anyone directly employed by any of them, or by anyone for whose acts any of them may be liable. 3.14. CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with KERB COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERR COUNTY. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to KERB COUNTY. The CONTRACTOR shall also file with KERB COUNTY valid Certificates of Insurance covering all sub-contractor. Special lnstructionK 8t Genercl Conditi~~r. Page 9 4. PROSECUTION AND PROGRESS 4.01. TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when KERB COUNTY is having other work done, either by his own force. The CONTRACTOR shall submit, at such times as may reasonably be requested, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02. EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of KERB COUNTY, or of any employee of either, by other contracts employed by KERR COUNTY, or by changes ordered in the work or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which KERR COUNTY shall decide justifies the delay, then an extension of time shall be allowed for completion the work, sufficient to compensate for the delay, the amount of the extension to be determined by KERR COUNTY, provided, however, that the CONTRACTOR shall give KERB COUNTY prompt notice in writing of the cause of such delay. Speci:~l Invtructions & Gcner:fl Cc~nrlitinn, Page 10 ~. MEASURMENT AND PAYMF_NT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly ail work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. it is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the materia! furnished. 5.03 PRICE OF WORK. In consideration of the furnishing all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, KERB COUNTY agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and while thereof in the manner and according to the Agreement. 5.04 PARTIAL PAYMENT. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to KERR COUNTY for approval a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the fast day of the preceding month; said statement shall also include the value of all materials delivered on the site of the work that are to be fabricated into the work. KERR COUNTY shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and alt further sums that may be retained by KERB COUNTY under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, KERB COUNTY may pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at KERR COUNTY'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". SFx:cial Instructions & General ('onrlitic.n~ Page ll 5.05 USE OF COMPLEI `v PORTIONS. KERB COUNTY sha, ~~ave the right to take possession of and use any completed or partially completed portions of the work, not withstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as KERB COUNTY may determine. The CONTRACTOR shall notify KERB COUNTY when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying KERB COUNTY, the CONTRACTOR shall furnish to KERB COUNTY in writing a detailed list of unfinished work and may add there to such items as the CONTRACTOR may have failed to include . The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR performing all of the work undertaken whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given KERR COUNTY written notice that the work has been completed, or substantially completed, KERR COUNTY shall inspect the work, KERB COUNTY shall issue the CONTRACTOR a Certificate of Acceptance, or advise the CONTRACTOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. KERB COUNTY shall pay to the CONTRACTOR on or after the 30th day, and before the 35th ,after the date of the Certificate of Acceptance, the balance due the CONTRACTOR under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the Tina! payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. KERR COUNTY may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss, 5.09 DELAYED PAYMENTS. Should KERB COUNTY fail to make payment to the CONTRACTOR of the sum named in the final statement, when payment is due, KERR COUNTY shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement rent, interest thereon at the rate of six(6) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. Spccill tn9tructionr, 8c General Conditions Page 12 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS. Without invalidating this Agreement, KERB COUNTY may, at any time or form time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by KERR COUNTY far execution by the CONTRACTOR. The Change Order shalt set forth the basis for any change in contact price, as hereinafter set forth for Extra Work, and any change in contact time which may result from the change. 6.02 MINOR CHANGES. KERB COUNTY may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase fn Contact Price. If the CONTRACTOR believes that any minor change or alteration authorized by KERB COUNTY involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to KERR COUNTY for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method {A) Use unit & Bid or Agreement; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method {B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. Special Instructions 8c Gcncral Conditions Pale 13 t. ABANDONMENT OF CONTRAC , 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from KERR COUNTY, or if the CONTRACTOR fails to comply with the orders of KERR COUNTY, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shalt be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by KERB COUNTY or the Surety on the pertormance bond, or another contractor is completion of the work; and the CONTRACTOR shall not receive any rental or credit there of (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6. Extra Work and Clalms), it being understood that the use of such equipment and materials may ultimately reduce the cost to complete the work and may be reflected in the final settlement. Where there'is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion here in before provided for, within the ten (10) days after service of such notice, then KERB COUNTY may provide for completion of the in either of the following elective manners: 7.01.1 KERB COUNTY may thereupon employ such force of men and use such equipment, and materials as KERB COUNTY may deem necessary to complete the work and change the expense of such labor, equipment, and materials to said CONTRACTOR, and expense so change shall be deducted and paid by KERB COUNTY out of such monies as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. 7.01.2 KERB COUNTY under sealed bids, after a minimum of 14 calendar days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. in case any increase in cost to KERB COUNTY under the new contract as compared to what would have been the cost under this contact, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound there for. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 here in above, shall be issued. A completion itemized statement of the contract accounts, certified to by KERB COUNTY as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, shall pay the balance due as reflected by said statement, within (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to KERB COUNTY had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be Special Instructions; etc Genertil Cunditi~nc Page 14 due by them to ~.cRR COUNTY, then all machinery, ~;.~uipment, tools, materials or supplies left of the site of the work shall be turned aver to the CONTRACTOR and/or his Surety, should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due KERR COUNTY within the time designated here in above, and there remains any equipment and materials on the site if the work, notice there of, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of KERR COUNTY to exercise ordinary care to protect such property. After fifteen {15) days from the date of said notice KERR COUNTY may tale possession and sell or retain such equipment and materials and apply the value derived to the credit of the CONTRACTOR and his Surety. KERB COUNTY shall release any equipment and materials which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided here in shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case KERB COUNTY shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten(10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work ,and may remove there from all equipment and all materials on the site of work that have not been included in payments .to the CONTRACTOR and have not been brought into the work, and thereupon KERB COUNTY shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. KERR COUNTY shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by KERB COUNTY and all other sums that may be retained by KERR COUNTY under the terms of this Agreement and KERB COUNTY shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statements as due the CONTRACTOR, under the terms of this Agreement. Spcciul lnRtructionr & Gc:ncral Conditi~ms Page 15 SPECIAL PROVISION SPECIAL LABOR PROVISIONS FOR COUNTY PROJECTS GENERAL: This is a "Public Works" Project, as defined in House Bill No. 54 of the 43rd Legislature of the State of Texas and House Bill No. 115 of the 44th Legislature of the State of Texas, and as such is subject to the provisions of said House Bills. No provisions herein are intended to be in conflict with the provisions of said Acts. In accordance with provisions of said House Bills, the Kerr County Road & Bridge Department has ascertained and indicated in the special provisions the regular rate of per diem wages for an eight-(8) hour working day prevailing in this locality for each craft or type of "laborer," "workman," or "mechanic" considered necessary to execute the contract, which wage rates shall, as herein provided, apply as minimum wage rates on this contract. MINIMUM WAGES, HOURS AND CONDITIONS OF EMPLOYMENT: All "laborers," "workmen," and "mechanics" necessary for the satisfactory completion of any phase of the work for which the Contractor is responsible to Kerr County Road & Bridge Department, shall be construed as being within the purview of these specifications. Whenever and wherever practical, preference in the selection of labor shall be given to local citizens. Each employee on the work covered by this contract shall lodge, board and trade where and with whom he elects, and neither the Contractor nor his agents, nor his employees shall direct{y or indirectly require as a condition of employment, that any employee shall lodge, board or trade at a particular place, or with a particular person. No fee of any kind shall be charged or accepted by the Contractor nor any of his agents, from any person who obtains work on the project, nor shall any person be required to pay ariy fee to any other person or agency obtaining employment for him on the project. No charge shall be made for tools or equipment used in connection with the duties performed, except for loss or damage of property. No charge shall be made for necessary camp water. No charge shall be made for any transportation furnished by the Contractor, or his agents, to any person employed on the work. These provisions shall also apply where work is performed by piece work, station work, etc. The minimum wage paid shall be exclusive of equipment rental on any shipment which the worker or sub-contractor may furnish in connection with his work. The Contractor will be held responsible for carrying out the requirements of this specification and it shall be his responsibility to see that each subcontractor working on the project complies with its provisions. Any form of subterfuge, coercion or deduction designated to evade, reduce or discount the established minimum-wage scales will be considered a violation of this contract. The contract for this project is made upon the basis of eight(8) hours constituting a day's work. The time consumed by the "laborer," "workman," or "mechanic" in going to and returning from the place of work shall not be considered as part of the hours of work. Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bill No. 115 of the 44th Legislature invoked by HCR No. 201 of the 47th Legislature, shall be paid on the basis of eight (8) hours constituting a day's work, and all such labor so employed shall be paid at the rate of one and one half (1- 1/2) times the regular rate for every hour worked in excess of forty (40) hours per week. The general rates of per diem wages prevailing in this locality for each class and type of "laborer," "workman" and "mechanic" whose services are considered necessary to fulfill the contract are indicated in the special provisions, and these rates shall govern as minimum wage rates on this contract. Furthermore, any Contractor who fails to pay these rates will be required to forfeit the sum of ten dollars per day, per worker. When making payments to the Contractor, Kerr County shall withhold and retain therefrom all sums and amounts which shall have been forfeited. Any "laborer," "workman" or "mechanic" employed and whose position is not listed shall be paid not less than the per diem wage rate established on this project for the "laborer," "workman" or "mechanic" whose duties are most nearly comparable to those of such employees. RECORD AND INSPECTIONS: The contractor and all subcontractors shall keep, or cause to be kept, weekly payrolls showing the name, occupation, number of hours worked each day and per diem wage paid each "laborer," "workman" and "mechanic" together with a complete record of all deductions made from such wages. During the construction period, the Contractor'shall keep a copy of each weekly payroll available in the immediate vicinity of the project site and shall allow inspection of such payrolls at all reasonable hours by any authorized representative of the Kerr County. SPECIAL PROVISIONS TO SPECIAL LABOR PROVISIONS FOR COUNTY PROJECTS For this project the Special Labor Provisions for County projects ,are hereby amended with respect to the clauses cited below and no other clauses or requirements of these provisions are waived or changed hereby. Kerr County Road & Bridge Department has ascertained that the following wage rates per hour, for each craft or type of workman or mechanic needed to execute this contract, now prevail in the locality in which this work is to be performed. The Contractor shall pay not less than the wage rates shown below for each craft or type of laborer, workman and mechanic employed in the execution of this contract. PREVAILING WAGE RATES IN THE LOCALITY OF THIS PROJECT FOR LABORER, WORKMEN AND MECHANICS Index No Craft Per Hour 100 Air Tool Operator 6.25 103 Asphalt Heater Operator 5.75 106 Asphalt Raker 5.95 109 Asphalt Shoveler 5.50 118 Carpenter 7.00 121 Carpenter Helper 6.25 124 Concrete Finisher (Paving) 7.20 127 Concrete Finisher Helper (Paving) 5.55 130 Concrete Finisher 6.85 133 Concrete Finisher Helper (Structures) 5.55 151 Form Builder (Structures) 5.50 160 Form Setter (Paving & Curb) 7.50 163 Form Setter Helper (Paving & Curb) 5.20 166 Form Setter (Structures) 6.90 169 Form Setter Helper (Structures) 5.50 172 Laborer, Common 4.95 175 Laborer, Utility 5.85 187 Mechanic 7.80 190 ~ Mechanic Helper 5.90 193 Oiler 6.40 194 Servicer 6.30 205 ~ Pipelayer 5.45 208 Pipelayer Helper 4.95 Power Equipment Operators: 300 Asphalt Distributor 6.85 303 ~ Asphalt Paving Machine 6.80 305 Broom or Sweeper Operator 5.25 306 Bulldozer 150 HP & Less 7.00 309 Bulldozer over 150 HP 7.20 342 Crane, Clamshell, Backhoe, Derrick Dragline, Shovel (less than 111/2 CY) 7.00 347 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (1/112 CY & Over) 7.85 351 Crusher or Screening Plant Operator 6.50 369 Front End Loader (2-1 /2 CY & Less) 6.25 372 Front End Loader (Over 2-1 /2 CY) 6.95 390 Motor Grader Operator, Fine Grade 8.65 393 ~ Motor Grader Operator 7.50 402 Roller, Steel Wheel (Plant-Mix Pavement) 5.25 405 Roller, Steel Wheel (Other-Flat Wheel or Tamping} 5.30 408 Roller, Pneumatic (Self-Propelled) 5.60 41 1 Scrapers (17 CY & Less) 6.15 413 Scrapers (Over 17CY) 6.40 419 Side Boom 5.25 422 Tractor (Crawler Type) 150 HP & Less 6.10 425 Tractor (Crawler Type) over 150 HP 6.80 428 Tractor (Pneumatic) 80 H.P. and Less 5.40 431 Tractor (Pneumatic) Over 80 HP 6.00 434 Traveling Mixer 6.25 440 Trenching Machine, Heavy 5.00 443 Wagon Drill, boring Machine or Post Hole Driller Operator 5.00 503 Reinforcing Steel Setter (Structures}) 7.00 506 Reinforcing Steel Setter Helper 5.50 509 Steel worker (Structural) 7.00 513 Sign Erector 6.10 515 Spreader Box Man 6.10 600 Single Axle, Light 5.20 603 Single Axle, Heavy 5.90 606 Tandem Axle or Semitrailer 5.70 609 Lowboy-float 8.00 706 Welder 8.50 709 Welder Helper 6.35 ~prentice Schedule Period and Rate Interval Power Equipment Operators: ' 000 Hrs. 1st 2nd 3rd 4th 5th 6th 7th 8th Heavy Duty Mechanic 70 72-1/2 75 77-112 80 85 90 95 Boom Equipment 70 75 80 85 90 95 Motor Grader 70 75 80 85 90 95 Tractor & Scraper, Pneumatic and Crawler 70 75 80 85 90 95 'The apprentice rate is by percentage of the journeyman's rate; no wage shall be less than the rate for "Laborer, Common". Legal holiday work shall be paid for at the regular governing per diem wage rates. SPECIAL PROVISION DETOURS, BARRICADES, WARNING SIGNS, SEQUENCE OR WORK, ETC. The Contractor's particular attention is directed to requirements of Item 7, "Legal Relations and Responsibilities to the Public", of the Standard Specifications. In addition to these requirements the following provisions shall also govern on this contract: 1. Due to lack of satisfactory detours on this project, traffic must be handled over the project during construction. it shall be the entire responsibility of the contractor to provide for the passage of traffic in comfort and safety at all times. The pavement shall be entirely open to traffic each night, except in the areas of cement stabilization of existing lanes, and no equipment shall be left in a position overnight that will endanger traffic. 2. The Contractor shall complete the pavement operations on either the westbound lane or the eastbound lane before beginning operations on the other lane. 3. Asphalt and paving operations shall proceed in the direction of traffic. 4. The inside lane and inside four foot shoulder shall be laid prior to adjacent outside lanes. the contractor may not lay more than one full day's production on any given travel lane pass. The paving may be continued forward in that travel lane only after the adjacent travel lane, in the same direction is completed up to the end point of the previous day's run. 5. When removing existing rail from end of wingwall on bridge approach, at no time must the end of wingwall be exposed without the proposed rail or proper barricading. 6. All construction traffic shall be regulated so as to cause a minimum of inconvenience to the traveling public. At points where it is necessary for trucks to stop and unload, warning signs and flagmen shall be provided as necessary to adequately protect public travel. 7. The contractor shall provide and maintain barricades and signs in accordance with the Standard Specifications, and Standards for Barricades and Warning Signs. SPECIAL PROVISION TO ITEM 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC For this project, Item 7, "Legal Relations and Responsibilities to the Public", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article 7.4. Insurance is voided and replaced by the following: 7.4. Insu[~nce. Prior to the beginning of work the Contractor shall provide Kerr County Road & Bridge Department Certificate of Insurance covering the below listed insurance coverages: A. Worker's Compensation Insurance Amount -Statutory B. Comprehensive General Liability Insurance Amounts -Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $300,000 for aggregate or Commercial General Liability Insurance Amount $500,000 combined single limit C. Comprehensive Automobile Liability Insurance Amounts -Bodily Injury $300,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence And all other items shown on "Certificate of Insurance" (page 21 and 22 of this document) This insurance shall be kept in force until the work described in this contract has been completed and accepted by Kerr County Road & Bridge Department. Kerr County shall be included as an "additional Insured" by Endorsement to policies issued for coverages listed in B and C above. A "Waiver of Subrogation Endorsement" in favor of the State shall be a part of each policy for coverages listed in A, B and C above. The Contractor shall be responsible for any deductions stated in the policy. Article 7.12. Contractpr's Responsibility for YVork. The first paragraph is void and replaced by the following: 7.12 Contractor's Resnonsibility for Work. Until final written acceptance of the project by the Road Administrator, the Contractor shall have the charge and care thereof and shall take every precaution against injury, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to Acts of God such as earthquake, tidal wave, tornado, hurricane or other catactysmic phenomena of nature, or acts of the public enemy or of governmental authorities. In case of suspension of work for any cause, the Contractor shall be responsible for the preservation of all materials. He shall provide suitable drainage of the roadway and shall erect temporary structures where required. The contractor shall maintain the roadway in good and passable condition until final acceptance, except as outlined below for opening the roadway to traffic. SPECIAL PROVISION TO ITEM 8 PROSECUTION AND PROGRESS For this project, Item 8, "Prosecution and Progress", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article 8.6. Failure to Complete Work on Time is voided and replaced by the following: 8.6. Failure to Complete work on Time. If the Contractor fails to complete the contract in the working days specified, the time charge will be made for each working day thereafter. The time set forth in the proposal for the completion of the work is an essential element of the contract. For each working day under the conditions described in the preceding paragraph that any work shall remain uncompleted after the expiration of the working days specified in the contract, together with any additional working days allowed, the amount per day given in the following schedule will be deducted from the money due or to become due the Contractor, not as a penalty, but as liquidated damages. For Amount of Contract From More Than $ 0 100,000 500,000 1,000,000 2,000,000 5,000,000 10,000,000 1.5,000,000 Amount of Liquidated To and Damages Per Including Working D~ $ 100,000 $ 200 500,000 450 1,000,000 550 2,000,000 700 _5,000,000 850 10,000,000 1, 300 15,000,000 1.700 Over 15,000,000 2,000 ITEM 9 MEASUREMENT AND PAYMENT For This project, Item 9, "Measurement and Payment", of the Standard Specifications, no clauses or requirements of this item are waived or changed . WILSON CULVERTS, INC. RT. 2, BOX 2635 ELKFY~, T~4AS: 75839 ~~ ~. „- ~' ~ FEB 12 ~ ~ ~ ® '~ FEB ~~ "SEALED BIDS FOR PAVING AGGREGATE, ASPHALT EMULSION OIL OR CORRUGATED METAL PIPE" "OPENING DATE; FEBRUARY 23, 1993 AT l0:OD A,M." "WILSON CULVERTS, INC. RT. 2, BOX 2635 ELKHART, TEXAS 75839"~ KERR COUNTY CLERK 700 MAIN STREET KERRVILLE, TEXAS 78028 FILED DgYOF_ A.D.1 _ TIME ~~~~`' ~ . ~ - ~- 'i OUNTY CUURT KERq COUNT,fEXA$ i 1 ~ ., PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. Spectfications: Paving aggregates shalt conform to the requirements in Texas Highway Department Standard Specifications, item 302, Aggregates for Surtace Treatments, unless otherwise noted herein. A!I sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is nat clean will be rejected. 2. Bid Form: Type Grade F.QB.~uRpliers Plant A A A $ ICY $~~ E~~ , ~c~~ /CY 3 4 5 $ Y Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains.the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. / l -~~~~~ Signal re Date Firm Name and Address: -.e~«1 G C~t~t~ `_._~T ~~ .~~b~~ if Corporation Phone: ( ) __3 ~ 7 -_`~ 3 ~ __ w 4 ~ / ~~ dd ~ y~ql ~,pYi'J ~ ~ ~r~~• r f ~ , ~, ~~ a ~/ ~~ d'~ ~ ,, 1 PAVING AGGREGATES SPECIFICATIONS AND BiD FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surtace Treatments, unless otherwise noted herein. All sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejectQd. 2. Bfd Form: Bi~l~nit Cosh. Tvae Grade F.Q.B. $u~~li~.rs Plant A 3 ONLY JUNCTION PLANT $__8._60_ _ /CY A 4 FREDERICKSBURG PLANT $__7.50 /CY A 5 FREDERICKSBURG PLANT $ 4 ^50 _,/CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 3, 1993 and be in effect until March 1, 1994. ~ ~ Sig ture Firm Name and Address: _., + ~~.~~.~-if Corporation ., ~ , - ,,- , . d ~-- / ~ ` Y 5 Date P.0, Box 206 Johnson City, Texas 78636 Phone: (21 d -------86.g-'-X15.1__--------_ --__ RO,~xEgS, INS. B -yEIR1CH s ~ ~ ~iwBg n~ ,~~~ ~s~ StiA~ gID ~r ~~ I~ ~PYdF~~`J, p ~~M~. ~,~,. ~~~'~ ~ ~ r , U 1E~ ~~}, ~ ~ ~~tt l ~ ~p~ r, ~~,ERK C~uN~ ~., ~r~ << 1, 'J ' l ,~, ~ , T is f;~6 !'? :i .- C~erkS Qf~lce my $ Ke0 fain St, as ~g02 KQrr~ti~le, hex ~N5lltitl~'1tt151f1~5111f't11~ 5115 KERB COUNTY ROAD & BRIDGE ADVERTISEMENT FOR BID ON PAVING AGGREGATE ASPHALT EMULSION OILS CORR[IGATED METAL PIPE Sealed bids will be received at the Kerr County Clerks Office, 700 Main St., Kerrville, Texas 7802$, until Monday, February 22, at 5:00 p.m. Bids will be publicly opened and read aloud February 23, 1993, at 10:00 a.m., in Commissioners' Court. Bids will be awarded or rejected in Commissioners' Court March 2, 1993, at 10:00 a.m. Bid forms and specifications are available at the Kerr County Road & Bridge Department, 101 Spur 100, Kerrville, Texas 78028. (512) 257-2993 Bids are to be applicable until March 1, 1994. 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